Sheridan's First Year of School

I've been meaning for some time to write a post about Sheridan's first year of school. That will still have to wait... but for now, check out this quick video I made for his annual IEP (that's 4 months late).

I recommend viewing full screen so you can see better :)

Stay Put

The time for Sheridan's second IEP came and went without a peep from our district. No big deal in my book... Stay Put is in effect so nothing changes. Additionally, it just so happens that Sheridan doesn't need any changes made to his supports/services. So I was perfectly happy exercising his right to Stay Put. Given that this topic has come up quite a bit lately in some discussions I've had with other parents, I thought I'd write a brief post about Stay Put.

What is Stay Put?

Bottom line, it means the school district is obligated legally to maintain the status quo. If the IEP team (meaning, the parents, educators, district personnel, etc) cannot reach an agreement on a new IEP, the district must leave the student in his/her current placement and the current IEP (educational placement, services, supports, etc.) must continue to be fully implemented.

Here is the actual language from IDEA, Section 615 Procedural Safeguards [20 U.S.C. 1415(j)]:

Maintenance of Current Educational Placement.--Except as provided in subsection (k)(4), during the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then-current educational placement of the child, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all such proceedings have been completed.

Stay Put can last for a few weeks, a few months... I've even talked with families who have used it for YEARS. Basically, Stay Put is in effect from the time a dispute arises (in our case there was no dispute, Sheridan's last IEP - written through 09-01/2012 - simply "expired" so to say, but of course, IEPs never expire because of Stay Put), to the time it is settled (that can be via agreement and signing of a new IEP, mediation, hearings, etc.). 

A Few Things to Note

• If your therapist or service provider changes (or any personnel changes), that doesn't necessarily constitute a violation of Stay Put as long as your child is receiving comparable services. 
• Stay Put is not specific to location. For example, if your child is fully included in her elementary school's 3rd grade classroom, switching her to a new school (while still maintaining her full inclusion status) isn't necessarily a violation of Stay Put.
• If the dispute is over the initial IEP (e.g., services, placement) then there is no Stay Put provision (because your child has no existing, current IEP with placement, services, etc.). 
• Things can get a little tricky if your child is transitioning (say from preschool to kindergarten, or from junior high to high school) - that makes it hard to define "current educational placement" because keeping the child in preschool or middle school is not a viable option, yet the IEP does not have an existing placement for kinder or high school.
• In some cases districts will request parents to waive their right to Stay Put if they are negotiating private school placement (just one example) - I'm not a lawyer and would never even pretend to give you legal advice, but I would strongly recommend you not sign any agreement that waives Stay Put. Just sayin' :)

This is obviously not an exhaustive list of potential implementation problems, and it's certainly not a thorough discussion of the Stay Put provision. It's always IEP season so I thought this might help in those instances where it's taking some time to reach agreement.

Back to Sheridan's IEP... I decided I would do the prudent thing and email his Program Specialist and request an IEP. Trying to be collaborative - on the up-and-up - and most importantly, giving my boy a chance to shine and show how great he's doing, how much he loves school, how much he's learning, that his support services are making an important difference for him, and that he is making an important difference in the lives of his teachers and classmates. The IEP is, after all, all about him!

First IEP Tomorrow Morning

Although I have a LOT to share... this is the most important item for now. Enjoy.

Where Can You Turn? (Part I)

One of the comments/questions I get frequently centers around where to find help with Early Intervention (EI) or school district issues. Especially if parents have first tried working with their child's EI service coordinator or IEP team and doesn't seem to be happy with the answers or outcomes.

Although each state - and even each district - is different, I do have some suggestions that have served other families (and at times, me!) well... I didn't have time to put them all in one post, unfortunately. But I promise I will continue to add new information to subsequent posts (hence the Part I in the post title).

ADVOCATES

No, I'm not talking about the kind you pay (from what I've heard from other parents, they tend to be hit or miss... but if you really need a professional advocate, ask around to find out who is really best to help you in your situation).

Federal law requires independent oversight to ensure people with developmental disabilities, and their families, receive the services and supports they need. In California, the State Council on Developmental Disabilities (SCDD) was established by both state and federal law as an independent state agency to meet this requirement. From their website:

Consumers know best what supports and services they need to live independently and to actively participate in their communities. Through advocacy, capacity building and systemic change, SCDD works to achieve a consumer and family-based system of individualized services, supports and other assistance.

To accomplish this, California has 13 Area Boards, we happen to live in Area 3. I'm not sure what the system is in other states, or what they are called, but now that you know the general idea, hopefully you can look into it in your area.

So, if you ever have a question about special education law, a decision made by the EI program, or you simply need help understanding the system or your rights, you can call them. They are there to help you advocate on behalf of your child (or adult, or whoever has a DD) to ensure their rights are upheld. Our Area Board 3 representatives even go to IEP and IFSP meetings, if needed. Often times they can point you in the right direction after a simple phone call or email exchange. You can find basic contact info here for all the Area Boards, or google the name of your Area Board to find their website. And they (at least Area Board 3) hold workshops for parents to learn about IEPs, how to advocate, a child's rights, etc.

Bottom line, this is one of the first places I suggest parents turn if they feel they need help. And it's free :)

SPECIAL EDUCATION LOCAL PLAN AREA (SELPA)

Sorry, this one is specific to CA... but please leave a comment if you have information about something similar in other states! I'll check it out and add it to the post.

In California, all school districts and county school offices were mandated to form consortiums in regions (called Special Education Local Plan Area, or SELPA) to provide for all special education service needs of children in each region. So, each SELPA created a local plan describing how it would provide special education services. From their website:

SELPAs are dedicated to the belief that all students can learn and that special needs students must be guaranteed equal opportunity to become contributing members of society. SELPAs facilitate high quality educational programs and services for special needs students and training for parents and educators. The SELPA collaborates with county agencies and school districts to develop and maintain healthy and enriching environments in which special needs students and families can live and succeed.

I have heard from many families that talking with somebody in the SELPA often is very helpful.

A FEW ONLINE RESOURCES TO GET YOU STARTED


There's no way I can provide an exhaustive list of online resources, but for now I will at least point you to some of the websites I (and others) have found helpful.

IDEA 2004 - this is the portal from which you can access both Part B (ages 3-21) and Part C (birth-2) of the federal Individuals with Disabilities Education Act (IDEA). Unfortunately, the Part C section is still not available, but you can find some basic information about Early Intervention here.

Wrightslaw - a special education law website that covers federal and various state laws; you can even buy books, find case law, and get updates via their newsletter.

Special Education Rights and Responsibilities (see chapters below) - this manual is available in chapters online and provides information about both U.S. Department of Education regulations and California Education Code... a big thank you to my friend Julie who sent me chapter 3 at just the right time to give me some extra support :)

Information on Evaluation/Assessments - Chapter 2
Information on Eligibility Criteria - Chapter 3

Plain language publications (sorry, these are specific to CA only):

Turning three years old - English & Spanish
Understanding special education services - English & Spanish
Moving on: Transition to adult services workbook for parents - English only

HOPEFULLY THIS GIVES YOU A STARTING PLACE


Like I mentioned previously, I will certainly follow up on this post as I can. I have lots of other resources to share, but this is the easiest starting place.

Feel free to let me know what some of your most useful resources are and I'll take a look. I'm always happy to find and share good information!