Holding the Torch

WHEN PARENTS ASK FOR CONTINUATION OF PRIVATE ESY SERVICES INTO THE SCHOOL YEAR

Parents of special needs children sometimes see that their children respond positively to private ESY (Extended School Year) summer tutoring services that are funded by the school district.  In response to these positive achievements, parents then ask for a continuation of these services during the school year only to be met with resistance by school staff in IEP meetings.

When evaluating the need for continued private services during the school year, parents must be able to show clear evidence that these services are necessary to provide FAPE and that the school program does not, or cannot, provide required services.  Here is where parents often have difficulty in advocating for such extended services.  To help evaluate the strength of the case, consider these suggestions:

· Be sure to schedule an IEP meeting well before the beginning of the school year.

· Ask private ESY providers to actively participate in the IEP meeting

· Progress on specific goals and objectives during ESY services must be clearly documented.

· Careful and objective assessment should be made to determine if the private services are needed because the school cannot or will not provide programs to address the needs served by the private ESY provider.

PLAN FOR TRANSITIONS FROM RESIDENTIAL TREATMENT BACK TO PUBLIC SCHOOL

Helping children transition from highly structured residential treatment programs to public school requires thorough planning and close coordination between treatment providers, educators and parents.  Long before the student returns to the less restrictive  learning environment of the public school, parents can ensure that certain steps are taken and supports are in place.  Some of these may include:

· With appropriate releases, residential counselors and therapists should share important information regarding the child’s present level of performance.  This can be done through records exchanges and participation in the transition IEP meetings.

 

· Arrangements can be made for the student to make preliminary visits to the receiving school.

 

· The student should have at least one identified teacher or administrator who acts as the point person to help transition, monitor adjustments and provides in-person support.

PARENTS SHOULD NOT CONSENT TO AN INADEQUATE IEP WHEN A SPECIAL EDUCATION STUDENT IS PLACED IN AN ALTERNATIVE SCHOOL FOR DISCIPLINE

We continue to see cases where parents are told by school officials that they must consent to a grossly inadequate IEP “or no services” will be provided to their special needs child when there is an alternative disciplinary placement.  School districts are wrong when they take this position and this “take or leave it” approach places parents and children in an unfair and difficult position.

The “Parental Consent Rule” does apply to disciplinary placements.  Virginia Regulation 8 VAC 20-81-170 E (1)(d ) states that informed parental consent is required before any changes are made to a child’s IEP services.  Furthermore the Virginia Department of Education (VDOE) has clarified that this rule applies when there is a change of placement for discipline reasons.  Special education services must be provided in the alternative setting. See VDOE Parent’s Guide to Special Education (page 45).

When challenged through the formal complaint process, school districts have been ordered by the Virginia Department of Education to comply with the law and to consider compensatory services to children when this rule is violated.   Since this problem persists, it remains to be seen if a number of school districts will get the message.