Strategies When Schools Refuse to Classify Students with Disabilities

The Individuals with Disabilities Act (IDEA) is a special education law that safeguards that public schools attend to the educational needs of students with disabilities. IDEA mandates that schools implement special education services to eligible students as defined in a student’s Individualized Education Program (IEP). IDEA also outlines specific requirements to assure a least restrictive environment (LRE) and a Free Appropriate Public Education (FAPE) for students with disabilities.

What Can Parents do to Resolve a Dispute with a School?
The Individuals with Disabilities Act offers various options for managing disputes between parents and schools concerning a school district’s delay or denial to evaluate a student because it is
using a Researched Based Intervention or RTI process.  Such complaints would be based on the district’s violation of Child Find.

1. State Complaints:  This is a written complaint that can be filed by any organization, individual, or group of individuals, claiming that a school district has violated a requirement of Part B of IDEA or the state’s special education law or regulations, including Child Find.  Child Find is a part of IDEA that requires states to identify, locate, and evaluate all children with disabilities, aged birth to 21, who need early intervention or special education services.  State complaints must be filed within one year of the alleged violation.  IDEA requires every state to have a formal procedure for filing complaints. Information on how to file a state complaint should be available from your state’s Department of Education or Parent Training and Information Center.
2. Due Process Complaints:  This is a written complaint filed by a parent or school district pertaining to any situation concerning the identification, evaluation, educational placement or violation of a free and appropriate public education to a student with a disability. Due process complaints must be filed within two years of the incident, and each state’s Department of Education must offer a model form to assist in filing a due process complaint that meets the requirements of IDEA. Reach out to the Department of Education in your state or Parent Training and Information Center to acquire more information.  

Filing complaints under IDEA, is a serious and time-consuming undertaking.  So before commencing with either of the options outlined above, make sure you are well educated about and fully comprehend federal and state mandates. 

Where Can I Get More Information?
The National Center for Learning Disabilities offers a free copy of Parents Rights in the Era of RTI or go to the NCLD website to learn more.

Cheers, Erica

Dr. Erica Warren, Learning Specialist and Educational Therapist

Dr. Erica Warren is the author, illustrator and publisher of multisensory educational materials at Good Sensory Learning and Dyslexia Materials.  She is also the director of Learning to Learn, in Ossining, NY.  To learn more about her products and services, you can go to www.goodsensorylearning.com, www.dyslexiamaterials.com & www.learningtolearn.biz  

End of Year Testing - It's Hard!

I spoke with a mom last week about the emotional “ramp up” her daughter was experiencing with learning issues and testing. It was a painful experience for this mom to watch, the family to endure and the daughter to live through. 

This is the time of year assessments come in every flavor imaginable: SAT’s, ACT’s, AP’s, cumulative final exams and so on. For many of our kids with learning issues, this is a tense time. With accommodations the “playing field” can be leveled to a large degree, but anyway you slice it, testing is hard for most who experience learning issues.

Strong Self Esteem Helps

How do we help our kids build self-esteem so that no test holds their emotional future hostage? First, as parents you can help your student build strong organization skills and good study patterns. This will go a long way to maintaining self-esteem. If a “tune up” is needed in this area, seek out resources such as a coach or tutor to put these important skills in place.

Parental Support During Testing

What can parents do during test time to make a difference? Here are some easy support activities for parents to engage in during testing taking season. Many can also be done through out the year to build resilience for the “push times”.

•      Encourage the Use of Strengths.  When studying for a test, have your student learn in the best way possible for them. Is this a time for flash cards or an oral exercise? Knowing your best learning approach is key!

•      Praise the Effort, NOT the Result.  Many parents have difficulty with this.  Challenges can be very demotivating a students work is only valued for the end result. What would be different if your student got used to praise for trying hard?
•      Encourage Study Breaks AND Brain Breaks! Help your student do something different, but active, during a break:  a puzzle, cook something or take a walk. Switching off your brain, as when watching TV, is much less productive.

•      Slow Down the Learning.   Draw parallels with lessons in other areas in your student’s life. The cross referencing of learning and experiences forces the brain to work with material in ways that will help with memory.

•      Pay Attention to Your Student.   At this time of year, tensions can run high. A sure way to lower those tensions is to help your student feel listened to. If your student needs to talk, put down what you are doing and look them straight in the eyes! This simple act of really being listened to will lower tension levels even though it has nothing to do with the learning at hand

Signs of Worry

As parents we want to know when we should step in. Here are few key times to press the pause button and check in with your student to see if testing has become to much.

•      Your student is self assessing with numerous negative comments directed toward themselves such as “I’m so stupid.”

•      Loosing interest in friends, family and activities in a way that is withdrawn from otherwise normal activities.

•      Grades are lower with an apparent lack of concern.

A steady attitude with positive reinforcement for your student will go a long way to helping them get through this test taking time of year. Keep the focus on your beautiful child who, under difficult circumstances, is doing their best. Your constant support, no matter what that “best” is that shows up, is critical.  Honoring the effort, and the human that is putting forth the effort, is the best starting point for any parent!

Parents, do you have questions raising your child with learning issues? You can raise confident capable kids despite learning issues. Reach out for answers to your most perplexing questions today!

Becky Scott

BScott@TheNavigatorsWay.com

TheNavigatorsWay.com