IEP’s are written for one year only. They set out goals for the child to work towards. Parents are to meet with the school district to review the IEP and set new goals once the old ones are satisfied.
Fight Back – Special Education Appeals Hearing
Parents most likely would find it difficult to represent themselves at a Bureau of Special Education Appeals hearing. This is especially true when going against a school system that has hearing experience, knows what they are doing and have their own lawyer to defeat you at all costs. Statistics show that parents without a lawyer are less likely to win against school districts.
If a parent believes they have a strong case, their best bet is to hire an educational lawyer to fight back. Although hiring a lawyer can cost money, if the school district loses the hearing, they have to pay the parent’s attorney fees.
Check back here next time as Y3K Tutor In Your Home will present some little known IEP facts that you need to know.
Special Education Hearings
Here is the situation. You disagree with the school district’s findings about your child’s IEP. You reach out to the Bureau of Special Education Appeals and they schedule a hearing. Most people do not have any idea about how these hearings work.
At the hearing, a hearing officer presides over the proceedings. They are conducted in a conference room and not in a courtroom. Hearings usually last about three days. They are like a court trial. The parent has the burden of proof to demonstrate their child is not making effective progress. The school district will be represented with a lawyer.
A parent at this point will have to present legal arguments, cross-examine witnesses, work with experts, and write closing briefs based upon research of legal principals. They would also call experts on their behalf like the child’s neuropsychologist to testify.
This sounds nearly impossible for the common non-lawyer parent to do all of this and actually defeat the school system. Next time we will look at how victory can be accomplished.
The Fight For Special Education Services
Our Y3K Tutor In Your Home tutors hear horror stories all the time from parents that feel worn down and defeated by uncooperative school districts. In order to save money, they refuse to provide services to special education students who need them. The first course of action is to discuss and reason with the school district’s special education coordinator. However if you are dissatisfied with the official conclusion and results, you can continue the fight for your child.
Parents can contact the Department of Elementary and Secondary Education’s Problem Resolution System. Also a request can be filed with the Bureau of Special Education Appeals. The Bureau of Special Education Appeals may request mediation or schedule a hearing.
How do these hearings work and what should you do at the hearing? Come back here soon for all the details.
Special Education Stress
The special education process is very stressful for parents. It can become very emotional and confusing when fighting for the rights of your child to receive the services they need. What should a parent do when the school system fights tooth and nail to withhold services and not cooperate? Check here next time as Y3K Tutor In Your Home shows you how to fight back.
Special Education Evaluation Parents’ Rights
The school district will conduct a thorough evaluation using their specialists. However sometimes parents may disagree with the results of the evaluation. Perhaps the school-sponsored evaluation missed diagnosing a condition that you have previously observed. You do not have to accept the school district’s conclusions. Parents have the legal right to get an independent educational evaluation by a professional in the area in which they have concern if they disagree with the school-sponsored evaluation.
Schools Reopening: Social Distancing
One controversial part of the Massachusetts plan to reopen schools is the section on social distancing. Before reading the plan, keep in mind that the Centers for Disease Control and Prevention (CDC) has recommended maintaining a physical distance of six feet between individuals to stop the spread of the COVID-19 virus. Here is their social distancing plan for schools reopening:
●Distancing requirements: Schools should aim for a physical distance of six feet when feasible, and three feet is the minimum distance allowed. Schools should seek to maximize physical distance among individuals within their physical and operational constraints.
●Classroom and facility configuration: To the extent possible, desks should be spaced six feet apart (but no fewer than three feet apart) and facing the same direction.
●Alternative spaces in the school (e.g., cafeteria, library, and auditorium) should be repurposed to increase the amount of available space to accommodate the maximum distance possible. In these larger spaces, establishing consistent cohorts/classes with separation between the cohorts/classes provides another option to maximize these spaces safely.
●Additional safety precautions are required for school nurses and/or any staff supporting students with disabilities in close proximity, when distance is not possible:These precautions must include eye protection (e.g., face shield or goggles) and a mask/face covering. Precautions may also include gloves and disposable gowns or washable outer layer of clothing depending on duration of contact and especially if the individual may come into close contact with bodily fluids.
Although not as feasible, 6 feet social distancing is known to be safer. What do you think of them reducing the number to only 3 feet? Be sure to check here soon for the school reopening plan for how to manage student groups.
Schools Reopening: Masks
The Massachusetts Department of Elementary and Secondary Education (DESE) has issued safety guidance required for reopening schools in the fall. The 28 page Initial School Reopening Guidance is complex and reading it in full can be very confusing. Y3K Tutor In Your Home has decided to break-up their guidance information, highlighting the issues that are important to you.
Today we will look at face mask rules. Here are the rules Massachusetts schools will require when they reopen:
Students in grade 2 and above are required to wear a mask/face covering that covers their nose and mouth. Students in kindergarten and grade should be encouraged to wear a mask/face covering. Face shields may be an option for those students with medical, behavioral, or other challenges who are unable to wear masks/face coverings. Transparent masks may be the best option for both teachers and students in classes for deaf and hard of hearing students. They may also be useful for teachers and younger students who rely on visual/facial cues.
- Adults (including educators and staff) are required to wear masks/face coverings.
- Exceptions to mask/face covering requirements must be made for those for whom it is not possible due to medical conditions, disability impact, or other health or safety factors.
- Mask breaks should occur throughout the day. Breaks should occur when students can be six feet apart and ideally outside or at least with the windows open. Further guidance on mask breaks including duration and frequency will be forthcoming, as well as more information about properly removing and putting on masks.
Masks/face coverings should be provided by the student/family, but extra disposable face masks should be made available by the school for students who need them. Reusable masks/face coverings provided by families should be washed by families daily.
- Masks/face coverings are required to be worn by everyone on the bus during school bus transportation.
- Transparent face coverings provide the opportunity for more visual cues and should be especially considered as an alternative for younger students, students who are deaf and hard of hearing, and their teachers.
Check here soon as we take a closer look at the new social distancing requirements for schools.
Executive Function and COVID-19
There is a special part of our brain that is responsible for executive function skills. These skills include our ability to organize, plan ahead, and especially important in this day and age of COVID-19 . . . our ability to sense danger. The problem is that this all takes place in the prefrontal cortex and this area of the brain does not fully develop until we are well into our 20’s.
Therefore children and teens may not sense COVID-19 danger and choose not to social distance. It is up to us as responsible parents to monitor and keep our kids safe. We need to make sure our teens are following social distancing. It is your responsibility as a parent to make sure they follow the rules even when they are out in public places like a field, playground, or hanging out with their friends.
Coronavirus Social Distancing
Now that schools are closed and a number of employees are working from home amid the coronavirus outbreak, people need to practice the concept of social distancing. It is the only thing that is going to immediately address the situation that we’re experiencing here in the United States. Y3K Tutor In Your Home asks all families to help flatten the curve. This means to spread out the impact of the virus over time instead of allowing it to spike as we’ve seen in Italy, for example, where the number of confirmed cases increased rapidly. A spike could overwhelm our health care system, even here in the United States.
Unfortunately there can be no play dates for your children, because you don’t know what the other child has been exposed to and might be bringing into your house, where it could be passed on. Avoid large public gatherings or venues where many people congregate such as malls. Social distancing is a way to protect yourself from contagious diseases, including the flu, the common cold or coronavirus (COVID-19). It involves maintaining at least a six-foot distance from other people, getting away from anyone who’s coughing or sneezing, avoiding shaking hands and using technology to meet instead of meeting in person when possible. As a nation we can work together and get it done!
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