My moles across the state are telling me about emails going out to teachers and staff that schools will be physically closed for the remainder of the 2019-2020 school year. This unprecedented and historic move is based on the remaining threat of Covid-19 in Delaware. At a press briefing today Delaware Governor John Carney, when specifically asked, had not determined the fate of the school year. But just as that was going on, an email was sent out to Red Clay Consolidated School District teachers and staff about the future: Continue reading
There are two major reasons Delaware schools aren’t closing yet. Equity and special education. It all comes down to the digital learning environment school kids will be exposed to. School districts are worried about potential lawsuits.
For special education, federal IDEA law demands students get accommodations for their disabilities in an educational environment if their disabilities interfere with their ability to succeed academically. With digital learning from home, how would those accommodations happen? Disability Scoop covered this topic today in an article.
The Education Department said that the Individuals with Disabilities Education Act and the Americans with Disabilities Act do not specify what should occur if schools are closed for an extended period of time, which is considered more than 10 consecutive days. However, schools should generally offer the same level of services to students with disabilities that they are providing to other children.
As for equity, what about those families that don’t have wifi or bandwidth, or for that matter, computers, for their children to access digital learning from home. That is a huge concern. If they don’t receive instruction how can they even grasp educational material? What happens when the students return and those who were not able to get the digital learning are woefully behind?
These are the concerns the districts are having. And while we are in a state of emergency at not just the state level but the whole country, it does open up the possibility of litigation. But what is more important? Money or the health and well-being of not just students but every single citizen in the state? With all the ed-tech personalized learning, how did these get-rich quick companies not prepare for a day like this? But I digress…
So Governor Carney needs to be the one to make the call according to the districts. But will he? Or will he leave it up to the districts? As the risk and danger to Delaware citizens continues. Don’t believe what the Secretary of Health in Delaware is saying. About schools being safer. They aren’t. It is just a bigger Petri dish.
Meanwhile, parents are left with a choice- do I send my kid to school or not? Some districts, like Christina, are telling parents they need a doctor’s note in order to have an absence excused. So some parents are sending kids in whether they are sick or not cause their kid has too many absences already. It is a dangerous time folks!
In the wake of the IEP scandal at Glasgow High School, ALL of Christina School District is at the mercy of the Delaware Department of Education when it comes to special education. Following the events concerning fake IEP meetings at Glasgow High School that I published in October, the Delaware Department of Education was forced to act. But questions linger about how and why the Delaware DOE was unable to find out before they did. Continue reading
The Office of Special Education Programs at the United States Department of Education released their annual state determinations for special education in public schools. Their system of rating states and, by default, schools is problematic on its best day. Far too much emphasis is placed on the state assessment. In Delaware, that test is the Smarter Balanced Assessment for most students with disabilities. We all know it is a horrible test but no one seems to want to change it anytime soon. This is for the Part B determinations. Part C is for children with disabilities aged 3-5 while Part B is for students in elementary up through 12th grade.
The letters to Delaware Secretary of Education Dr. Susan Bunting can be found as follows:
You will notice some very distinct patterns in the below local education agency determinations for Delaware. No traditional school district met requirements. Those that were labeled as “Needs Intervention” tend to be the larger districts with high pockets of low-income students, minorities, and higher populations of special education students. All the schools that met requirements only serve high school students. I take these things with a grain of salt but it is not a state secret that Delaware special education needs a serious overhaul! As usual, the state education agency, the Delaware Department of Education, is not judged under the same criteria as our districts and charters. If they were, the Delaware DOE would assuredly need intervention.
Charter School of Wilmington: Meets Requirements
Delaware Military Academy: Meets Requirements
First State Military Academy: Meets Requirements
New Castle County Vo-Tech: Meets Requirements
Sussex Tech: Meets Requirements
Academia Antonia Alonso: Needs Assistance
Academy of Dover: Needs Assistance
Campus Community: Needs Assistance
EastSide Charter School: Needs Assistance
First State Montessori Academy: Needs Assistance
Great Oaks Charter School: Needs Assistance
Lake Forest: Needs Assistance
Las Americas ASPIRAS: Needs Assistance
MOT Charter School: Needs Assistance
Newark Charter School: Needs Assistance
Polytech: Needs Assistance
Positive Outcomes: Needs Assistance
Providence Creek: Needs Assistance
Seaford: Needs Assistance
Sussex Academy: Needs Assistance
Thomas Edison: Needs Assistance
Appoquinimink: Needs Intervention
Brandywine: Needs Intervention
Caesar Rodney: Needs Intervention
Cape Henlopen: Needs Intervention
Capital: Needs intervention
Charter School of New Castle: Needs Intervention
Christina: Needs Intervention
Colonial: Needs Intervention
Delaware Design Thinking Academy: Needs Intervention
Delmar: Needs Intervention
DSCYF: Needs Intervention
Early College High School: error on web page for letter
Friere Charter School: Needs Intervention
Gateway Lab School: Needs Intervention
Indian River: Needs Intervention
Kuumba Academy: Needs Intervention
Laurel: Needs Intervention
Milford: Needs Intervention
Odyssey Charter School: Needs Intervention
Red Clay: Needs Intervention
Smyrna: Needs Intervention
Woodbridge: Needs Intervention
Last week, the Office of Special Education and Rehabilitative Services at the United States Department of Education officially released the state determination letters for implementation of the Individuals with Disabilities Education Act (IDEA). As I reported earlier this month, Delaware received a rating of “needs assistance”. In June, I reported the special education ratings for each school district and charter school. Both articles contain my thoughts on these ratings and how they don’t capture what it needs to.
The US DOE lags two years behind so these findings are based on the 2015-2016 school year in Delaware. This was the second year of the Smarter Balanced Assessment.
As part of their release, the US DOE included documents for each state on how they reached their determination. Below is the Delaware documents. Also included are the letters sent for IDEA Part B and IDEA Part C.
It all starts with an idea. But ideas that roll around in your mind will always be just that. It is now time for action! Therefore, this is the birth of Exceptional Advocacy for Delaware Students.
For almost four years I’ve been writing about education in good old Delaware. It’s taken me from the bottom of Sussex all the way to the tip-top parts of the state. I’ve been to Legislative Hall and the Delaware DOE building more times than I can count. And nothing has changed. In fact, I’m going to say it is getting worse. Especially with special education. But it isn’t just that. It is also issues dealing with school discipline, race, gender, bullying, classroom management, class sizes, safety, and trauma coming into our schools in ways our educators are just now starting to fathom and understand.
To that end, I am taking my email/Facebook/social media/cell phone advocacy out of the digital world and into the schools. This will be a huge task and I need your help!
These are the issues I am willing to advocate for students:
Special Education: whether it is IEPs or 504 plans, it is important to know your child’s rights, the parental rights, and the rights of the school. Many parents feel overwhelmed in IEP meetings. Trying to learn about federal IDEA law, Delaware State Code, and all the pending special education legislation is a task in itself. Do you have a child with a unique disability that may warrant very specific goals or accommodations in their IEP?
School Discipline: does the punishment fit the crime? Does the punishment meet the criteria of the school student code of conduct? Does it follow state law? If a student has an IEP or 504 plan was it a manifestation of their disability or just poor choices? What are the rights of students when there are School Resource Officers, constables, or armed security? When is physical restraint warranted? How does it work with transportation and busing when a discipline issue comes up?
Trauma: Is your child going through a Post Traumatic Stress Disorder based on violence in their neighborhood? Or in their own home? Are their grades falling behind as a result of this? Are they acting out? These are students that may not be special education but need an advocate to help schools and teachers sift through these issues so they can give your child the best education possible.
Bullying: Is your child being bullied? Are you finding the school isn’t doing everything they can to put a stop to it? What steps can you take to make sure they do?
These are my goals:
To serve any of the above needs or potential conflict a parent may have with a school.
To guide parents on the appropriate ways to deal with the folks in the schools. This isn’t as simple as it looks, and when things escalate, there is a proper chain of steps to go through.
To work with every school district and charter school in the state to make sure Parent Council Groups for special education are up and running.
To advocate meaningful dialogue between parents and schools. This is crucial. But it is also important to make sure there is one adult in the room who can be unbiased and impartial. Screaming heads don’t get you far. It might feel good in the short-term, but it is not conducive to the best interests of the one person who matters the most- your child!
To inform parents of their child’s rights and how that applies to the school setting. To inform parents of the differences between legislation and regulation and what is enforceable and what is not.
To make sure due process rights are followed to the letter of the law in discipline situations.
I am not an attorney nor do I pretend to be. I am just a parent with my own special needs child who has run the gauntlet with Delaware schools. If your child’s school building doesn’t know me directly, they know of me. All the district and charter leaders know me as well as the legislators. I have contacts all over the place and know exactly who to go to when things need to happen. I’ve helped parents out for years but it is time to take it to the next level.
I will be doing this work at no cost. But any organization or business (whatever this turns out to be based on demand) needs funding. Pure and simple. So I am asking for donations from folks in Delaware who see this growing need in our state. Whether it is a dollar or more, every bit counts. I am willing to go up and down our state to help our kids. I am centrally located in Dover so my door is open for all!
If you are of mind to help get this going and help sustain this, any contributions are certainly welcome! Please go to the Exceptional Advocacy for Delaware Students page here: https://www.gofundme.com/exceptional-advocacy-for-delaware
If you are a parent who needs help in dealing with a situation involving your child at a Delaware school, please contact me as soon as possible. My email is email@example.com and we can exchange phone numbers from there.
It would be my hope that all Delaware schools, be they district or charter, have seen this. I would also hope the Exceptional Children Resources Group, the special education area of the Delaware Department of Education, led by Mary Ann Mieczkowski, circulated this to all our schools. If not, I’ll make sure they get this. And I won’t even charge them! But just in case they haven’t seen this, they may want to read this from top to bottom. Special education is NOT a choice. And you are expected to implement it with fidelity and as per federal law under IDEA. The below document, released by the Office of Special Education and Rehabilitative Services at the United States Department of Education issued guidance about the landmark U.S. Supreme Court decision on Endrew F v. Douglas County School District.
McAndrews Law Firm, the premier special education law firm in Delaware, just won a BIG case against the Delaware Department of Education. The basis of their claim was that if a charter school goes under, the DOE is obligated to provide those services. The DOE objected with twelve different claims, all of which were shot down by federal district court! Way to go McAndrews! From their press release:
Last week, we were gratified to report that McAndrews Law Offices had prevailed in an important federal court matter on behalf of children with disabilities who attended charter schools that go out of business. Just two days after prevailing in that important matter, MLO obtained another crucial federal court decision, this time in the state of Delaware, holding that states are responsible to ensure the rights of children and their families are protected when charter schools become defunct.
In MK v. Delaware Department of Education, McAndrews Law Offices negotiated a $30,000 compensatory education fund with a Delaware private charter school as part of a settlement agreement, but the charter school then failed to pay for the compensatory education services and went out of business. On behalf of the family, MLO brought an action against the Delaware Department of Education, asserting that under federal special-education law, the state must step into the shoes of the defunct charter school and provide the child and family their educational rights under federal law. The Delaware Department of Education asserted, in shotgun fashion through a motion to dismiss the case, nearly a dozen claims as to why the state had no responsibility for ensuring that the child received the protections of federal law. These claims were universally rejected by the federal district court, which held that “Congress considered the establishment of a single agency on which to focus responsibility for assuring the right to education of all disabled children to be of paramount importance.” With this motion to dismiss having been denied and the fundamental arguments of the state to avoid liability having been dismissed, a major procedural victory has been obtained on behalf of our Delaware clients.
I wonder which charter school this was? Delaware MET? Prestige Academy? That’s just like the DOE, ducking their responsibility. Do they really not get IDEA? The fact that Delaware does not provide basic special education funding for students in Kindergarten to 3rd grade shows how out of touch they are with special education reality. By relying on Response to Intervention as a “childfind” measure, which is not the identifying criteria for special education under IDEA, the Delaware DOE and our legislators continue to disregard federal law. This is all going to come to a head very soon and Delaware taxpayers will be the ones holding the bag when we have to bail out the state for their horrible special education policies and funding mechanisms. The Delaware ACLU lawsuit over education funding in general will be a drop in the bucket compared to what is coming. DOE needs to get their heads out of their imaginary clouds and start following federal law!!!!!
State Representative Kim Williams pre-filed legislation today that would do away with emergency certifications for pending special education teachers in The First State. As part of the Every Student Succeeds Act, this is no longer allowed in public education. From the bill’s synopsis:
Enactment of the Every Student Succeeds Act amended the Individuals with Disability Education Act (“IDEA”) by mandating that special education teachers must have obtained full certification and may not be working under emergency certifications. The Delaware Department of Education must stop issuing emergency certifications in special education in order for the State to continue receiving $36 million in federal IDEA funding for our schools. This Act creates a mechanism that is in compliance with federal requirements to enable educators to obtain a certificate of eligibility in the areas of special education. Educators will be able to meet federal requirements while being enrolled in an approved, alternative routes to certification program. This Act will allow local education agencies to staff special education classrooms while ensuring the educators are receiving high quality training working toward their standard certificate in the appropriate area of special education. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Also sponsored by State Senator Nicole Poore, this bill has many co-sponsors by several Democrats but no Republicans. But that shouldn’t matter as this is a federal requirement now. So what does this mean? It means you can’t just be put into a classroom that has students with disabilities with an Individualized Education Program based on an emergency certificate. You have to already be going through some type of program that would allow you to be heading towards full certification. I expect this to pass with no problems.
As well, Williams also pre-filed legislation today concerning special education diplomas with House Bill #287 which I wrote about here. To read the full pending legislation for House Bill #286, please go here.
The United States Department of Education released their annual state determinations for special education the other day and Delaware obtained a “Meets Requirements” for indicators under IDEA Part B. For IDEA Part C, they were designated as “Needs Assistance”. Part B is for children ages 3 and up to 21, with disabilities, and Part C ranges from birth to 2 years old. I wrote last year how so many of these special education indicators are based on the state assessment: their scores and participation rate play a very heavy roll. I have neither the time or the patience to get into the nitty gritty with these determinations at a granular level. The feds don’t get it and our state doesn’t get it. I have no doubt the Delaware Department of Education will celebrate this and say “look how far we’ve come”. But since so much of this is based on the Smarter Balanced Assessment, I give it about as much legitimacy as a Mona Lisa forgery.
House Concurrent Resolution #34, introduced today by State Rep. Kevin Hensley and Senator Nicole Poore would look at the costs of special education in Delaware. Another task force, with the usual representation. A bunch of people sitting around a table, half of which won’t have a clue what they have jumped into. The Delaware Way. But here is the catch with this one: most of the spending going on with special education is based on federal mandate based on IDEA.
I have a hunch what some of the impetus for this is. For years, districts have been complaining about McAndrews Law Firm. Most of these cases wind up in settlements and the districts are crying foul on this. But, if the districts and charters were doing the right thing to begin with, none of these cases would get to that point. McAndrews won’t even take a case unless it has merit. They won’t take a case based on a notice of meeting not going out once or twice.
Good luck with this task force trying to figure out WHY special education placements are increasing. It doesn’t really matter why. What matters is that they are and our General Assembly better find out how to wrap their arms around it instead of ducking the issues. I can say most of the kids who lived in my neighborhood that were home one summer day in 2006 were subjected to nasty fumes coming from an accident at the old Reichhold Chemical Plant in Cheswold. They all have disabilities of one sort or another. My son is one of them. We live in a polluted state. I highly doubt this task force would look at things like that.
Are all special education placements valid? I don’t know. I know Response to Intervention is horrible. Standardized testing should never be a measurement of whether a kid needs special education. Autism rates have been soaring for over a decade now. I just hope the Delaware DOE doesn’t put a gag order on district teachers and administrators like they did with the IEP Task Force. They told districts and charters NOT to have anyone give public comment at those meetings.
Still, not one peep about giving Basic Special Education costs for kids in Kindergarten to 3rd grade. We don’t need another task force to figure out that no-brainer. If they really want to care, how about they allow our Auditor of Accounts office to FULLY audit every single penny in special education along with ALL of education. We know the money isn’t always going where it needs to. But Delaware loves their task forces to give some crappy illusion of people wanting to do the right thing. How about just following the law to begin with?
This article originally appeared on long-time Delaware special education advocate Steve Newton’s LinkedIn account yesterday. I read it today and Steve not only hit a grand-slam with this article, but he hit it out of the park! This is the must-read of the month and the timeliness of this could not be more important! Normally, I would italicize this but for reasons which will soon become clear, I did not. Great job Steve!
The road is about to get a lot rougher for special needs kids in America’s schools
It’s never been easy.
IDEA [Individuals with Disabilities in Education Act] was signed into law by President George H. W. Bush in 1990 to stiffen the supports for disability-challenged American students that already existed in Section 504 of the Americans with Disabilities Act. IDEA established the rules for determining the need for special services, how supports within the education system would be determined, and provided for their monitoring via IEPs [Individualized Education Plans]. The trifold intent of IDEA was to (a) guarantee parents and students a role, a voice, and an appeals option in the process; (b) fund services that would allow special needs students to receive FAPE [Free Appropriate Public Education]; and create mechanisms for monitoring/enforcing the entire process.
Despite the fact that none of those goals has ever really been attained (Congress has never fully funded IDEA in any budget in the past 27 years), IDEA represented a massive improvement for special needs students across America. Millions of kids with specific Learning Disabilities (as in Math or English), with Emotional Disabilities, with ADHD, with Autism, and with other, lesser-known disabilities managed to finish school and go on to college, or employment, and independent, productive lives. Flawed as it is in the execution, IDEA has been a hugely successful law.
But the last decade has seen major problems setting in Continue reading
The United States Senate deadlocked in a vote for Betsy DeVos as U.S. Secretary of Education with a 50-50 tie. Vice President Mike Pence broke the tie, confirming Bad News Betsy as the next Secretary of Education in America. Now we recoup, focus, and battle. Hard. Fast. And Furious. She is going to unleash holy hell on public education. She who thinks grizzly bears can stop school shootings and IDEA is a state and local mandate. She who does not know the difference between growth and proficiency.
This is a billionaire. With no teaching experience whatsoever. She buys power and support and does nothing to earn it. Exactly what is wrong in education these days. We are about to enter an era of voucher hell which will only further segregate our schools. Hold on to your seats, this is going to be a very bumpy ride.
I salute Republican Senators Susan Collins (ME) and Lisa Murkowski (AK) for their courage in voting no. It is horrifying to think that 50 Republican Senators put party lines over the best interest of children. But this is Trump’s world and we are just living in it…
*Please see below for a statement from Delaware Senator Brian Pettyjohn in regards to this letter.
This morning, Delaware State Rep. Kim Williams published a letter from several state legislators around the country supporting Betsy DeVos in her nomination for the United States Secretary of Education. Senators Anthony DelCollo, Greg Lavelle, Ernie Lopez, Brian Pettyjohn, and Gary Simpson represented the Delaware contingent of these signatures. I am publicly asking these five Delaware Republican Senators to withdraw their support for Mrs. DeVos.
Last week, DeVos had her Senate Confirmation hearing. She did not know the difference between growth and proficiency. She supported guns in schools to prevent grizzly bear attacks. She stated when she was first nominated that she supported dismantling Common Core, but history with the DeVos Foundation suggests otherwise. She is a fervent supporter of school vouchers which have the strong potential to further issues of discrimination and segregation in American schools the way they are currently set up in many states. She supports charter schools which have not shown to be a greater success unless the pull smarter students in through selective enrollment preferences despite the legality of those preferences in many states. But most disappointing was DeVos inability to understand that the Individuals with Disabilities Education Act, known as IDEA, is a federal law, not a state and local law.
As a father of a student with disabilities, I was appalled when Betsy DeVos said this. The U.S. Secretary of Education is a person who leads all American students in public education. The last thing we need is someone who does not understand special education going into the job. DeVos is a billionaire but her ability to lead education in America is disturbing on many levels.
I have found myself in alignment with many bills that Pettyjohn and Lopez supported. They stood with parents during the opt out saga. They did not support the Smarter Balanced Assessment. Which is why I find their support of DeVos puzzling. Education has become synonymous with standardized testing. Students with disabilities do the poorest on these tests. But they are expected to show the most “growth” in state accountability systems. As a result, in my opinion, special education has become a gigantic mess. It is now geared more towards the student outcomes on these tests than accommodating the true needs of each individual student. If DeVos has her way, students with disabilities could be shuffled around different private schools through a very flawed school voucher system. Private schools are not obligated to follow federal special education law unless they receive federal education funds. Special education in public schools can be challenging enough, adding private schools to that mix with federal dollars could become a recipe for disaster for a population that is already marginalized to a great extent.
Once again, I urge these five Delaware Republican Senators to withdraw their support for Betsy DeVos as U.S. Secretary of Education. Our children deserve better. Students with disabilities deserve better. And my son deserves better.
**UPDATED**5:16pm: I spoke with Senator Pettyjohn about this issue shortly after I posted this article. He echoed the statement he made on Facebook, which said:
Kevin, I agreed to support Betsy DeVos for her nomination to lead the US Department of Education based on my belief that an outsider view of the US DOE is necessary. In previous statements, Ms. DeVos had indicated her disdain for the Department and it’s overburdensome policies and regulations toward states and local districts. I have, for some time, been critical of the federal intrusion into our classrooms, and prior to Ms. DeVos’ confirmation hearings, those were concerns that she had also viewed with a critical eye.
That being said, I do have concerns that have been brought to light since her confirmation hearings; especially concerning her stance on special education. While this is an issue that our United States Senators will be faced with in the coming days, I believe that the letter that was sent, which I agreed to sign before the confirmation hearings took place, will have relatively little impact on the decision that will ultimately be made on Capitol Hill.
That Senate Confirmation hearing took a lot of folks by surprise. In my eyes, it just proved that vast amounts of wealth does not always equal knowledge. DeVos will face a vote for her nomination next Tuesday, January 31st.
The United States Supreme Court began hearing oral arguments for the Endrew v. Douglas County School District today. This case could determine the goal of special education in America: a bare minimum special education or a more than minimum special education. These arguments weigh the words “significant” and “meaningful” quite a lot since it is the center of the case. Another question is how do you measure progress for a student with an Individualized Education Program. Does the IEP team just write the IEP and make sure the student is on target to perform as well as their non-disabled peers or do you go above and beyond?
Another huge issue is funding for special education. The fact that the Federal government spends less than 15% of what they promised to do for special education is a large problem. It was not the Congressional intent to dump all of this on the states and local school districts but that is exactly what happened. As well, what does “standard” mean in this context? Is it the Common Core State Standards and the high-stakes testing that supposedly measures the ability of the student to grasp those standards? Do classroom grades count for anything anymore?
The case is officially submitted into the highest court in the country. This will be fascinating to watch, especially the final ruling.
Why do parents of special needs children need to advocate for them? Because we have to. If we don’t, who will? There are those who will help, but nobody understands your child more than you. I see it as my moral responsibility to advocate for my own special needs child when something is wrong. When something doesn’t add up. To say his battle has been long and tough would be an understatement. When the pieces of the puzzle don’t fit neatly together at a school, a church, an extracurricular activity, or anything your child does, you have to look at the whole picture. If those pieces don’t fit or some are missing, get loud. Expose and find out the truth. Because even if you may not get what you wanted for your own child, it could help another child down the road.
I see special needs parents go ballistic when a restaurant or some type of amusement activity discriminates against disabled children. But I don’t see this with a lot of schools or churches. Why? Our child has just as much right to be some place as someone else. If you tell me you don’t want my child somewhere, you better have a damn good reason for it. As well, you better know damn well what you are talking about and be able to back up that talk with cold hard facts. If it is a place that has already given certain promises or expectations, and those suddenly shift, you have every right to find out why AND go public about it.
If you feel your child has been treated harshly without some form of due process or a valid reason, you need to call them out on it. If the institution has not done what they said they would do, you have EVERY RIGHT TO ADVOCATE FOR YOUR CHILD. People hate to get named or called out. They get scared. They don’t like seeing their name in public. Why? Because that could tarnish what they believe is their good reputation. If, after you have reached that point of no return, name them. Expose them. Let others know the grass isn’t that green. Because if you don’t, you are saying it is okay. You are saying it is okay for someone to discriminate against special needs children. You are saying it is okay for other children to not be given a sense of justice and fair treatment.
I always ask these basic question when it comes to special education. Would an adult tell a child who is blind that they need to see? Would they tell a child in a wheelchair they need to walk? Would they tell a deaf child to listen up? Of course not. So why would they tell our children with the disabilities they have, when those disabilities are medically documented facts, that they cannot provide for your child when they already agreed to it? It is their responsibility to understand that disability. When a parent provides documentation for their child to a school, it is incumbent on the school to actually read and understand that information. A “cursory glance” is not acceptable and it should not be tolerated. If you notice your child is having escalating behavior issues when they weren’t in the past, is that the fault of the student with disabilities if the school has not bothered to accommodate the child? I would challenge any school that has not done its due diligence for that unique child to say they did. Special education is NOT a one size fits all. And if you are a private school with a program designed exclusively for students with disabilities, then you cannot deny a child services when you have done nothing to understand that disability.
Parents have to fight for their child. It is their legal right.
Is a bus driver beholden to a student’s Individualized Education Program (IEP)? That was the question for an investigator at the Exceptional Children’s Resources Group, the special education division of the Delaware Department of Education. When behavioral issues came up for this student on the school bus, did the district do everything it could have when the student was denied access to the school bus? Find out the answers here!
As the Chairman of the IEP Task Force in Delaware back in 2014, Delaware Attorney General (then Lieutenant Governor) Matt Denn stated in the first meeting that Delaware students with disabilities deserved more than what federal law under IDEA stated. He announced yesterday he will advocate for special needs children getting a top-notch education. Yesterday, the U.S. Supreme court decided to hear a special education case regarding what a Free Appropriate Public Education (FAPE) really is. The is significant due to the fact that special education changed a lot when IDEA was reauthorized in 2004. This will be the first time the highest court in the land has tackled FAPE in a very long time.
Today, the Supreme Court of the United States agreed to hear a case from the state of Colorado involving the level of educational services that must be provided to public school students with disabilities. The case, Endrew F. v. Douglas County School District, is significant because it will be the first time in decades that the U.S. Supreme Court has addressed this issue, and different federal courts around the country have come to different conclusions on the question.
“This case may not have significant implications for Delaware public schoolchildren with disabilities,” Delaware Attorney General Matt Denn said. “Delaware state law was changed in 2010, in a bill I worked on as Lieutenant Governor with Representative Quinn Johnson and Senator David Sokola, to require that Delaware public schools provide services to Delaware students with disabilities that matches the highest level of services required by federal courts interpreting this issue. However, sometimes the language that the U.S. Supreme Court uses in issuing its decisions can be as important as the decisions themselves. For that reason, the Delaware Department of Justice will be seeking to advocate – potentially with other state Attorneys General — for the U.S. Supreme Court to find that the highest level of services for children with disabilities currently recognized by federal courts is the correct level for all of the nation’s children, and for the Supreme Court to provide specific guidance to the states as to how to implement its decision in order to ensure that children with disabilities have an opportunity to fulfill their potential.”
In regards to that bill from 2010, Denn said the following about the bill when it was introduced:
“It is completely unacceptable for us to tell the parents of most children that we want their kids to have the best public school education in America, while telling the parents of students with disabilities that their kids will receive the educational equivalent of a serviceable Chevrolet,” Lieutenant Governor Denn said. “We have a legal and a moral obligation to these children to provide them with a meaningful education, and this bill is a first step to making sure that happens.”
Denn has always been one of the strongest advocates in Delaware for students with disabilities. I am glad he is putting his support behind the parents in this potentially landmark Supreme Court case. With that being said, the very definition of special education will be redefined yet again if education reformers get their way with their dreams of “IEPs for ALL”. I pray, if that time does come, that Matt Denn will be at the front of the pack for students with disabilities, their parents, and disability advocates to make sure special needs students don’t get lost in the shuffle.
In the meantime, the Delaware Dept. of Education, under the direction of Governor Markell in epilogue language in the FY2015 budget, is still working on a Special Education Strategic Plan for the state, more than two years since it was created.
The United States Supreme Court will decide the fate of millions of special education students in America when they rule on a controversial case regarding what the appropriate amount of FAPE (Free Appropriate Public Education) is for students with disabilities. The landmark case, Endrew F. vs. Douglas County School District, could have major consequences for special education students.
According to Disability Scoop:
The Supreme Court’s decision to take up the matter comes at the urging of the Obama administration. In a brief issued last month, the U.S. solicitor general agreed with the parents that the IDEA requires schools to provide more than minimal benefit to students with disabilities.
“This court should hold that states must provide children with disabilities educational benefits that are meaningful in light of the child’s potential and the IDEA’s stated purposes. Merely aiming for non-trivial progress is not sufficient,” the solicitor general indicated.
This could be a moment of triumph or severe disappointment. With the rise of Common Core and a transition from teacher-led instruction to constant bombardment of education technology and a competency-based education environment, students with disabilities have suffered the most from the constant education reform that has taken place over the past twenty plus years. As their numbers rise, so do the corporate profits. They have been forced to take a litany of state assessments that have the same results, year after year: these students tend to perform the worst on these tests. The amount of parents choosing to go the home school route for their special needs children has risen dramatically in the last decade.
A free appropriate public education, in its current landscape, comes with a very steep price for students with disabilities. Unless the Supreme Court clearly defines what FAPE should be, in the face of the overwhelming corporate-driven changes in our schools, these children will continue to be lost in public education. Personalized learning, in the modern-day era meaning, would gear all students towards their own individual education plans which strips the special out of special education. This flies in the face of what disability advocates fight for every single day.
Lauren O’Connell Mahler is a special education attorney in the Wilmington offices of McAndrews Law Offices, P.C. McAndrews has two offices in Delaware, the one in Wilmington and one in Georgetown which opened last year. The original article appears on the website of McAndrews Law Offices. This article was republished with the permission of McAndrews Law Offices, P.C. This is a must-read for Delaware parents, especially now when IEPs are in the creation process or getting an annual revisit. Special education law is very tricky and many parents are unprepared for what is allowable by law and what is not. Parents are the #1 advocate for their children with disabilities and they should always prepare ahead of time for any IEP meeting. Know your child’s rights with special education!
Learning to read your child’s Delaware Individualized Education Program (IEP) can be an intimidating task. IEPs are filled with legal language and educational jargon that can be overwhelming. Without a basic understanding of your child’s IEP, you may be feeling reluctant to offer input at your child’s IEP meeting.
As a parent, you are an equal member of your child’s IEP team. Thus, it is essential that you understand your child’s IEP so that you can help the IEP team develop the IEP, monitor your child’s educational progress, and advocate for his/her needs. The following is a list of the basic components that make up your child’s IEP in Delaware. Items are addressed in the order in which they typically appear in Delaware IEPs:
- “Disability Classification” – Your child must meet one of the 13 eligible disability classifications in order to qualify to receive special education services. The categories are Autism; Developmental Delay; Deaf Blind; Emotional Disturbance (ED); Hearing Impairment; Learning Disability (LD); Intellectual Disability; Orthopedic Impairment; Other Health Impairment (OHI); Speech and/or Language Impairment; Traumatic Brain Injury; Visual Impairment; and Preschool Speech Delay. The classification does not dictate the services that your child can receive. His/her services should be based on your child’s unique, individual needs.
- “Data Considerations” – Here, the IEP team should list all current data about your child that they reviewed in developing the IEP. This includes, but is not limited to, current school district evaluations, independent evaluations obtained by the parent, State and local test results (such as DCAS scores), classroom test results, progress reports, and the parent’s educational concerns. The data should serve as the basis for the services and supports that the team puts into the IEP.
- “Other Factors to Consider” – These list special factors that the IEP team might need to be aware of with your child. The boxes should be checked if your child has difficulty with communication, is blind or visually impaired, is deaf or hearing impaired, is limited in his/her English Language proficiency, needs Assistive Technology, or has a print disability that prevents them from using materials presented on a physical page.
- “Transition Services” – This page is included in beginning at least by age 14 or 8th grade. It should include a statement of your child’s measurable, individualized goals for life after high school, including where they plan to live, work, and whether they intend to pursue any higher level education or training. It should be based on data (such as Parent and Student Transition Surveys). It also lists the classes your child is taking, which should be tailored to help them achieve his/her post-high school goals, as well as any activities they will complete to help them reach his/her goals, and any outside agency who will help your child prepare for the transition to adult life (such as Division of Vocational Rehabilitation, Division of Developmental Disabilities Services, DART Bus Service, and POW&R).
“Unique Educational Needs and Characteristics” – The middle pages of your child’s Delaware IEP should list each of your child’s unique educational needs. The need will be identified in box at the top, left-hand corner of the page. The rest of the page will detail the services and accommodations being provided to address that need as follows:
- The top, right-hand box includes a statement of any supplementary aids, modifications, services, or accommodations that will be put in place to address your child’s unique educational need. These should be based on the supports that were recommended in your child’s evaluations.
- “Services, Aids & Modifications” – This is a statement of the duration, frequency, and location of any special instruction that your child is receiving to address the unique need (for example: Small Group Reading Instruction – 3 times per week for 30 minutes in a Push-In location). Push-In means within the general education classroom. Pull-Out means in a separate classroom.
- “PLEP” – The Present Level of Educational Performance is a specific statement of what your child is currently able to do in that unique area of need. It should be based on current data and should be measurable. The PLEP is the starting point for setting an annual goal and measuring your child’s progress.
- “Benchmark” – These are the interim steps your child will take over the course of the year to reach his/her annual goal. They are typically measured each marking period. Monitoring whether your child is meeting his/her benchmarks will help you determine if they are making sufficient progress toward his/her annual goal. If your child is failing to meet his/her benchmarks, his/her IEP may need to be revised to provide more support.
- “Annual Goal” – This is a statement of what the IEP team feels the child can achieve within 1 year’s time. The goal should be specific and measurable and should clarify how it will be measured. The amount of progress should be realistic and attainable, but not trivial. The language in the annual goal should be aligned with the language of the PLEP and benchmarks.
- “Related Services” – Related services provide extra help and support to your child in needed areas. They can include, but are not limited to, any of the following: Speech/Language Therapy, Occupational Therapy, Physical Therapy, Counseling Services, Parent Training and Counseling, Social Skills instruction, Audiology, Therapeutic Recreation, Social Work Services, School Health Services, Medical Services for diagnostic or evaluation purposes, Orientation and Mobility Services, and Psychological Services. The IEP must specify the frequency and duration of these services.
- “Consideration of Eligibility for Extended School Year Services (ESY)” – The team must document whether your child is eligible for extended school year services. ESY is different from summer school or credit recovery. It is based on the needs and goals in your child’s IEP. There is no single factor that determines whether a child is eligible for ESY. Instead, the IEP team must consider a variety of factors, including whether the child has made meaningful progress towards his/her IEP goals or has a tendency to regress in critical skill areas during the summer. Note: Under Delaware law, children classified under certain disabilities automatically receive 12-month educational programs.
- “Least Restrictive Environment” – The IEP must specify what placement your child is in. The placement (or LRE) is the extent to which your child will not participate in general education classes and extracurricular activities. The IEP lists a continuum of placements ranging from Setting A (for children who spend at least 80% of the day in the regular classroom) to Settings E, F, and G (for children who are in separate Residential Facilities, Homebound or Hospital placements, or Correctional Facilities).
- Additional components attached to Delaware IEPs – If your child has a Behavior Intervention Plan or Positive Behavior Support Plan, this should be attached to your child’s IEP and is part of the document. Additionally, if your child needs accommodations on the State-wide Smarter Balanced, DCAS, or SAT assessments, the checklist of Smarter Balanced, DCAS, or SAT accommodations should be attached to the IEP.*
This article was designed to provide you with a basic framework for understanding your child’s Delaware IEP. The information within this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Editor’s note: The * in the last bullet point was edited by myself to reflect the Smarter Balanced and SAT assessments as well as DCAS.