SPECIAL EDUCATION ADVOCACY THROUGHOUT UNITED STATES
COVID 19
In spite of the monumental challenges facing our country, the team of Lesher and Levine are here for you – because advocacy for children with disabilities can never take a sick day. Can never be quarantined. Can never rest. With the closure of schools, and other services, few will face more challenges than children with disabilities and their families. We continue to work from our homes and have converted all of our previously scheduled appointments to telephonic or virtual meetings. We continue to schedule new appointments and we will continue to remain available by phone and email in order to ensure the unique needs of your children are met. We have stood beside you for 26 years. We continue to stand beside you today and always.
LEADING ADVOCACY SERVICES THROUGHOUT THE UNITED STATES
60 MINUTE FREE CONSULTATION
At the core, special education is founded upon “free and appropriate education” to the extent where services and resources are inclusive and guided by each child’s individual needs. We believe every child is a gift, and our advocacy practices support this premise.
As a result, our advocacy services are guided by understanding, transparency, and knowing that not everyone walks a similar social, emotional, or financial path; each one of us has a different story.
So during our initial consultation, we will spend extensive time together, so you can tell your story. And by doing so, we will develop an individualized program as well as a fee schedule which will work for you and your situation.
Beware of the Gatekeepers - Their Job is to Say "No!
This is the fast-talking wordsmith (used car salesman?) in an IEP meeting.This is the kind of person that talks in circles so most parents, who don’t have support at IEP meetings, are given very little opportunity to question decisions because they won’t allow it. They are unable to think flexibly and do not like it when there is someone in the room who knows more than they do– They are the expert, no wait,they are the dictator.
MESSAGE FROM DR. LEVINE
Additional Information
For the past twenty seven years, I have worked with hundreds of families of students with special needs. Every time I think I have seen the worst case of unethical behavior another case comes along that is even more disturbing.
Here are comments I often hear that are really the IEP Team’s way of denying your child services.
- “Your child is not eligible for special education because she is doing fine academically.” IDEA specially states that grades and performance are irrelevant to determining if a student needs special education services.
- “The IEP goals are all written, all you need to do is sign that you approve.”Instead of involving you in the process of developing goals, the IEP Team is all prepared when you arrive. IDEA explicitly states that parents should be involved in the development process.
- “You should take your child to the doctor and request medication.” It is illegal for the school to suggest your child should be on medication. They are not doctors and are not qualified to determine that child should be medicated.
- “We decided your child no longer needs xyz services, so we are stopping them.” IDEA states that removal of services requires a formal evaluation, data and an iep meeting. They cannot remove services just because they think they should.
- “We don’t have that service at our school.” The I in IEP stands for individualized, so if your child needs a service they do not have, they need to arrange another way for your child to get it.
- “We believe your child should be in a self-contained classroom because she is difficult to handle.” A self-contained placement may not be the least restrictive environment. (LRE). A general ed class with aide support may be better.IDEA requires them to evaluate and use data to determine which placement is optimum for the child
- “I need to take this to my supervisor to get permission to increase services.” IDEA procedural safeguards require that a school district administrator be present at the IEP meeting so these kinds of decisions can be made.
- “We are keeping the same goal because he has not made progress and we have to keep working on it.” Lack of progress in a year is a sign that the goal or remediation method is not appropriate. The IEP team should discuss alternative options so the child makes meaningful progress. It’s important to organize all information in an IEP binder so you are ready to show evidence of progress.
- “This is a charter school, so we don’t have the resources to serve a student with special education needs.” Any school that receives government funding must provide support for special education services. They cannot refuse a child just because their support services are not already in place.
- “We are not allowed to assess your child for anIEP unless we first try RTI (response to intervention).” Unfortunately this statement has been so overused the Department of Education actually put out a memo clarifying that RTI cannot be used to delay or deny evaluation for special education services. Click here to read the memo. Assessment for an IEP and RTI can be done simultaneously. This way if the RTI is not successful, the child will get support as soon as possible.
- “We will not accept your parent concerns for the IEP because we disagree with what you have written.” The procedural safeguards for IEPs say that a parent can give their input to the IEP. The IEP Team may not censure what the parents write. Get a copy of your states procedural safeguards.
KNOW YOUR PARENTAL RIGHTS
The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a IEP OR 504 plan.
The federal regulations for IDEA 2004 include a section (Subpart E) calledProcedural Safeguards. These safeguards are designed to protect the disability and, at the same time,
These are not the only procedural safeguards under IDEA, but they are the most relevant to the majority of parents. Therefore, in this series of pages on IDEA’s procedural safeguards, we will explore only eight.
The right of parents to receive a complete explanation of all the proceduralavailable under IDEA and the procedures in the state for presenting complaints.
Confidentiality and the right of parents to inspect and review the educational records of their child
The right of parents to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child
The right of parents to obtain an independent educational evaluation (IEE) of their child
The right of parents to receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child
The right of parents to give or deny their consent before the school may take certain action with respect to their child
The right of parents to disagree with decisions made by the school system on those issues
The right of parents and schools to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinations
Additional Information
WHAT DO WE MEAN BY A TWICE EXCEPTIONAL SON OR DAUGHTER?
GIFTED STUDENTS
“I cannot imagine a student with a more complex
profile than those amazing kids known as “twice
exceptional!”
Starting in 1983 when I was a principal, my experience with Gifted Education went from limited to expert level for I was asked to develop and implement Gifted programs from scratch in the school I administered.
So if you are looking for an expert in Gifted Education, you came to the right place. If you are in search of consultation and advocacy support with a “twice exceptional” son or daughter, we should talk as soon as possible. There may be services, support, and opportunities available which may have not presented itself.
