Top

Park City Reads

Park City's Resource For Children with Dyslexia

Child Find & the Law

Child Find & the Law, IEPs & 504 Plans · July 1, 2020 · Link to original article

Good Grades are not enough to Support a Finding of Ineligibility

Article by Attorney Michael Connolly, focused on the decision in Doe v. Cape Elizabeth School District. 

EXCERPT:

In other words, while a student’s generalized academic performance (i.e., his or her grades) may be a factor in determining whether progress has been made, the weight given to that overall performance must be based on the unique circumstances of the child, particularly when the child’s overall academic performance is discrepant from his or her performance on assessments or progress monitoring measuring the specific areas impacted by his or her disability.

 

Child Find & the Law, IEPs & 504 Plans, National News, Parents, Teachers · December 7, 2017 · Link to original article

Department Issues New Q&A on Free Appropriate Public Education following Supreme Court Decision

This Q&A, issued by the US Department of Education on December 7, 2017, is an important document to read and understand if your child is on an IEP. We suggest printing a copy and adding it to your student’s binder. We will also put a link on our website to it for future reference.

A few key points:

With the decision in Endrew, F., the Court clarified that for all students, including those performing at grade level and those unable to perform at grade level, a school must offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” This standard is different from, and more demanding than, the “merely more than de minimis” test applied by the Tenth Circuit. As the Court stated, “[t]he goals may differ, but every child should have the chance to meet challenging objectives.”

What does “reasonably calculated” mean?
The “reasonably calculated” standard recognizes that developing an appropriate IEP requires a prospective judgment by the IEP Team. Generally, this means that school personnel will make decisions that are informed by their own expertise, the progress of the child, the child’s potential for growth, and the views of the child’s parents. IEP Team members should consider how special education and related services, if any, have been provided to the child in the past, including the effectiveness of specific instructional strategies and supports and services with the student.

What actions should IEP Teams take if a child is not making progress at the level the IEP Team expected?
If a child is not making progress at the level the IEP Team expected, despite receiving all the services and supports identified in the IEP, the IEP Team must meet to review and revise the IEP if necessary, to ensure the child is receiving appropriate interventions, special education and related services and supplementary aids and services, and to ensure the IEP’s goals are individualized and ambitious.

Child Find & the Law, National News, Parents, Teachers · December 28, 2016 · Link to original article

U.S. Department of Education Releases Guidance on Civil Rights of Students with Disabilities

On December 28, 2016, the US Department of Education issued guidance on civil rights of students with disabilities. This includes a “Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.” This is a great resource to print and keep!

Page 5: “For example, a student who has dyslexia and is substantially limited in reading finds it challenging to read the required class material in a timely manner. … the student spends far more time preparing for class than other students and earns good grades because of the student’s intelligence and extreme efforts. The student would still be substantially limited in the major life activity of reading despite earning good grades and may require a multi-sensory approach to learning, and additional time to complete in-class tests or quizzes, even if that student earns mostly A’s.”

Child Find & the Law, IEPs & 504 Plans · September 21, 2015 · Link to original article

Providing an IEP May Not Suffice if a District Fails in Its Child Find Obligation

Excellent article for teachers & parents! Early identification & intervention isn’t just a good idea – it’s a legal requirement under IDEA.  “Child find” is a bedrock principle under IDEA. It requires the states to ensure that all children with disabilities who reside or attend private school within the state be “identified, located, and evaluated” to determine their need for special education and related services.

 

 


COLLEGE PLANNING PRESENTATON REGISTER TODAY
ADHD INFORMATION GROUP JOIN NOW
WordPress Lightbox Plugin