I want to first apologize for not blogging for so long. I have started to Video blog and have a new You Tube Channel. I plan to start blogging here again also. Some topics will be the same some might be different. Please go on over to my You Tube Channel, Shefter Law PA, and subscribe so you will be first to know when a new video blog is posted.
The United States Department of Education Office of Special Education issued a Q and A on Sept 28, 2020. The purpose of the document is to provide the public with clarity regarding existing requirements under the law. What I want to highlight, because it is the question I currently get most often, is that timelines are not waived. Let me repeat that. Timelines. Are. Not. Waived. period, no excuses, they must be met. What does that mean to you as a parent? Do not let schools use COVID as an excuse to not complete initial evaluation, initial and annual IEP meetings, or reevaluations.
Initial Evaluations must be complete within 60 days of receiving parental consent. This does not mean within 60 days of when school returns to in person instruction. It means 60 days from when you sign the consent form. If the school refuses to provide you a consent form, or just delays sending one, send a letter stating that you are providing consent for initial evaluation and expect it to be completed within 60 days of the letter.CC the principal and office of special education. If the school gives any push back, request an Individual Educational Evaluation (IEE).If the school says no, point out that IDEA requires them to issue an authorization for an IEE or request a Due Process hearing to prove why their evaluation is appropriate.
This is also true for Reevaluations. IDEA requires that a reevaluation occurs at least once every three years to determine eligibility, unless the full IEP team agrees that evaluations are unnecessary. The school might try to say observations, standardized school wide test and classwork are enough but, you do not have to agree. An appropriate IEP cannot be developed without current data on academic or adaptive levels. I almost always request full academic testing every three years to assist with educational planning. Again, if the school gives push back, request an IEE.
IEPs must be reviewed annually. An initial IEP must be developed within 30 days of eligibility determination. There is no reason that annual IEP meetings cannot be held during distant learning. Schools can use Zoom, Microsoft Teams, Google Meets or any other online platform to hold the meeting. At the IEP meeting, distant learning plans should also be discussed. A child’s needs during distant learning are quite different than during in person learning. Do not be afraid to ask for additional services during distant learning. For example, if your child has difficulty learning new concepts, you can ask for weekly check ins with the general education or special education teacher to do a preview for new concepts or review new concepts already learned. Or, if your child needs more socialization, ask for a lunch bunch or socialization group to occur once a month. Related services such as speech, Occupational Therapy, and behavior support, should not be reduced just because of distant learning.
IEP EVALUATIONS, MEETINGS & DISTANT LEARNING PLANS DURING COVID
I want to first apologize for not blogging for so long. I have started to Video blog and have a new You Tube Channel. I plan to start blogging here again also. Some topics will be the same some might be different. Please go on over to my You Tube Channel, Shefter Law PA, and subscribe so you will be first to know when a new video blog is posted.
The United States Department of Education Office of Special Education issued a Q and A on Sept 28, 2020. The purpose of the document is to provide the public with clarity regarding existing requirements under the law. What I want to highlight, because it is the question I currently get most often, is that timelines are not waived. Let me repeat that. Timelines. Are. Not. Waived. period, no excuses, they must be met. What does that mean to you as a parent? Do not let schools use COVID as an excuse to not complete initial evaluation, initial and annual IEP meetings, or reevaluations.
Initial Evaluations must be complete within 60 days of receiving parental consent. This does not mean within 60 days of when school returns to in person instruction. It means 60 days from when you sign the consent form. If the school refuses to provide you a consent form, or just delays sending one, send a letter stating that you are providing consent for initial evaluation and expect it to be completed within 60 days of the letter.CC the principal and office of special education. If the school gives any push back, request an Individual Educational Evaluation (IEE).If the school says no, point out that IDEA requires them to issue an authorization for an IEE or request a Due Process hearing to prove why their evaluation is appropriate.
This is also true for Reevaluations. IDEA requires that a reevaluation occurs at least once every three years to determine eligibility, unless the full IEP team agrees that evaluations are unnecessary. The school might try to say observations, standardized school wide test and classwork are enough but, you do not have to agree. An appropriate IEP cannot be developed without current data on academic or adaptive levels. I almost always request full academic testing every three years to assist with educational planning. Again, if the school gives push back, request an IEE.
IEPs must be reviewed annually. An initial IEP must be developed within 30 days of eligibility determination. There is no reason that annual IEP meetings cannot be held during distant learning. Schools can use Zoom, Microsoft Teams, Google Meets or any other online platform to hold the meeting. At the IEP meeting, distant learning plans should also be discussed. A child’s needs during distant learning are quite different than during in person learning. Do not be afraid to ask for additional services during distant learning. For example, if your child has difficulty learning new concepts, you can ask for weekly check ins with the general education or special education teacher to do a preview for new concepts or review new concepts already learned. Or, if your child needs more socialization, ask for a lunch bunch or socialization group to occur once a month. Related services such as speech, Occupational Therapy, and behavior support, should not be reduced just because of distant learning.
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