Special Education Students: Preparing for the End of the School Year

By glmain on March 22, 2012 in Special Education

Please note that this is not legal advice. See our disclaimer.

If your child has special educational needs and is receiving services under an individualized education program, now is the time to start preparing for the end of the school year. In addition to concerns about how to best meet your child’s needs during the summer, or whether your child might need or benefit from an extended school year, you also want to assess the effectiveness of the program in place so that you can identify any changes that might be necessary. This blog post identifies the steps you want to take to protect your child’s interests.

Reviewing the Effectiveness of the Existing IEP

The first thing you want to do is conduct a thorough evaluation of your child’s growth and performance this year. This evaluation should be done in conjunction with teachers and other members of the IEP team. You will want to use your child’s IEP as your frame of reference. This should include:

A review of your child’s grades.
An evaluation of the progress your child has made toward specific goals, identifying any difficulties or challenges your child encountered.
Concrete discussions of ways to address the shortcomings of the IEP.
Modification of the IEP to incorporate necessary changes.
A discussion regarding whether your child is eligible for or should be granted an extended school year (ESY).

Planning for Your Child’s Summer

If your child is not eligible for or is not perceived to benefit from an extended school year, there are additional steps you can take to help with their educational development.

Work with IEP team members to identify daily activities that your child can do at home that will reinforce what they have learned and keep them moving forward.
Discuss the benefits of enrolling your child in special summer activities, from sports programs to summer camps.

Planning for Next Year

Make certain you have a clear understanding of what your child’s IEP will look like next year. Resolving this as early as possible can help you determine your child’s options for the summer. You also want to make certain that you have a complete copy of your child’s special education file.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, our attorneys work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Bullying and Special Education Students – Working with Your School District

By glmain on January 30, 2012 in Bullying

Please note that this is not legal advice. See our disclaimer.

If you are the parent of a special education or special needs child, you know that your son or daughter can often be the target of pranks, heckling or just plain bullying. These acts can create an atmosphere of fear, leading your child to either perform poorly or simply resist attending school. You can’t be with them all the time, so what can you do? How can you bring these incidents to the attention of school officials and the school district? What measures can you take to minimize the bullying of your child?

One of the first challenges when seeking to protect your child from bullying is actually recognizing that it is happening. Frequently, children who are being bullied will be reluctant to admit they are being targeted, as it can cause fear and anxiety to resurface. Some of the signs you can look for if your child has not confided in you are:

Missing school supplies
Damaged clothing or unexplained physical injuries
Mood swings, emotional outbursts or difficulty sleeping
Continued attempts to avoid school, such as recurring illness
Failure to tell you about school or teacher conferences, or attempts to keep you from talking to school officials
Refusal to use bathroom facilities at school

If you suspect bullying, the first thing you should do is talk to your child. You may want to bring up the subject while you are engaged in some other activity, so that your child does not feel “put on the spot.” Using “I” statements can be extremely helpful, such as “I notice that you have been tired or quiet lately.”

If your child will not confide in you, but you still suspect bullying, you should make careful notes about the concerns you have, documenting instances that suggest bullying. Your next step should be to contact your child’s teacher. You may also want to talk with the principal or a counselor. You should request that the school take specific steps to monitor the situation, and to prevent further instances of bullying. If the school fails to offer an acceptable solution, you may also request that your child be placed at a different school, to get them away from the bullying. This may, however, simply expose them to others who will mistreat them.

Contact Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of personal injury experience. Our attorneys work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at888-652-0384 (in New Jersey at 609-523-2222).

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Helping Make Sure Your Child Continues to Progress over the Holidays

By glmain on December 30, 2011 in Individualized Education Program

Please note that this is not legal advice. See our disclaimer .

If your child has special needs and has an Individualized Education Program (IEP) in place, the holidays can present some challenges. When your child is away from their learning environment, away from the professionals who are integral to their growth and development, they can not only stop making progress, but also can backtrack. To ensure that doesn’t happen, you need to take a proactive approach with educators and administrators. You may want to consider some or all of the following strategies:

Prepare in advance–Include specific plans in your IEP for addressing vacation, holidays or other absences. Work with educators and others to identify exercises and programs that your child can do at home, either with your assistance, or on their own. Ask the teacher to prepare homework assignments or other exercises to keep your child working on the IEP goals while on holiday vacation.
Look at technology options, including the use of audio-visual programs, or computer/online tools to help your child stay focused and moving forward during the holidays.
Integrate the holidays into your child’s IEP, by using Christmas, Hanukkah or other holiday themes in projects, or by applying their tasks to holiday events, tasks or projects.
Consider hiring a tutor for your child—If you are unable to spend the necessary time with your child, due to work or other commitments, bring in someone who will assist your child. This could be a college student home for the holidays.
Purchase a gift for your child that encourages them to work on their goals.

Whenever you are putting together an IEP, you want to be certain that you are talking with the right people, with individuals who have the authority and ability to carry out the plans you develop. You may need to check in with teachers and others on a regular basis, to make certain that materials will be ready for your child when the holiday recess begins.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we handle special education issues for people in Pennsylvania and New Jersey. To schedule a free initial consultation, contact our office online or call us at215-568-4968 (in New Jersey at 609-523-2222).

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How to Effectively Communicate the Goals You Have For Your Child’s Education

By glmain on November 8, 2011 in Individualized Education Program

Please note that this is not legal advice. See our disclaimer.

If your child has special educational needs, and you are working to put an Individual Education Plan (IEP) in place, you want to take certain steps to ensure that you have effectively communicated what you want your child to achieve through the administration of the plan. This blog post sets forth ways that you can increase the likelihood that your concerns will be heard and that your child’s needs will be met.

Put together a wish list of goals at the beginning of the process—Before you start working out the IEP, identify all potential objectives, and put your list in writing. When you go through the process, you should continually refer back to your goals to make certain that all issues are addressed.
Document all discussions in writing—As you work through the process, make notes of all discussions. After each meeting, you can summarize what was discussed and provide a copy to all participants, seeking clarification or disagreement, if appropriate.
Ask questions—It is important to remember that the creation of an IEP is a joint effort. You don’t have to simply accept what the school offers. Don’t ever assume that the school can or cannot offer a certain service. If you are ever uncertain about what is included in the IEP, seek clarification, both orally and in writing.
Make certain you are talking to the right people—You want assurances that the people with whom you are working to set up the IEP have the authority and ability to carry out the agreements made. If necessary, you should request the participation of principals or higher officials, so that you know you are working with people who can implement your IEP.
Listen carefully to what is being discussed—Effective communication always goes both ways. Take the time to carefully listen to what is being offered or said, so that you can ask questions at appropriate times, and work cooperatively to put together a plan that meets your child’s needs.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

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What to Do if You are Unhappy with Your Individualized Education Plan (IEP)

By glmain on October 4, 2011 in Individualized Education Program

Please note that this is not legal advice. See our disclaimer.

So you put a lot of time and effort into getting an Individualized Education Plan for your child, but you are not happy with the results, and you can’t get school officials to work with you to modify it. What do you do?

The first thing you must do is set-up a meeting to calmly but directly state your reasons why you are unhappy with your child’s IEP or progress. Use facts and evidence, such as doctor’s reports, to support your position. If no resolution can be reached, then you should note that you disagree with the IEP. Sign or check the box or place on the IEP that says “I disagree”, if that is available, and take the IEP and clearly write reasons why you disagree in a polite, professional, succinct fashion. Otherwise, the school may assume that you accept the IEP and it will be provide written evidence of your stated reasons for not accepting the IEP. You can then request mediation or a due process hearing to address your concerns. If you have an IEP in place, it will be followed until your issues are resolved. If you believe that the school is discriminating against your child based on a disability, you may file a complaint with the state’s civil rights office.

In mediation, you will have the services of a third-party neutral, who will work with both sides to find a mutually acceptable solution. The mediator is not a school employee and does not represent either side, but works to help you settle your differences amicably. The parties do not have legal counsel at the mediation. The mediator won’t consider legal arguments or take testimony, but will focus exclusively on helping you come to a workable result.

You can also request a due process hearing, which is like taking your case to court. Your hearing will be before a hearing officer, who will listen to both sides and then make a determination about whose argument is most persuasive. You can (and should) have a lawyer represent you in a due process hearing. If you are planning on pursuing a due process hearing, it is best to consult a lawyer as soon as possible so that your matter can be prepared and presented correctly from the beginning.

If neither mediation nor a due process hearing bring about an acceptable outcome, you can file a complaint with the office of civil rights. This process can be time-consuming, as the office of civil rights has a significant period of time to investigate matters.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of individuals in Pennsylvania and New Jersey. We take an aggressive approach, using our knowledge, skill, experience and resources to help you get the outcome you want. We offer a free initial consultation in every case. For a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Evaluating Your IEP at the End of the School Year

By glmain on July 26, 2011 in Individualized Education Program

Please note that this is not legal advice. See our disclaimer.

If your child has special education needs and has an Individualized Education Program, the end of the school year is an appropriate time to conduct a thorough assessment of the program. Is it meeting your child’s needs? Has your child benefited from the program? Are the goals realistic, and are the methods being used effective for your child? If certain goals were not met, what was the reason? Is or should your child be eligible for Extended Year Schooling?

To properly evaluate your child’s Individualized Education Program, you need to have a copy of the IEP. Under the federal regulations (The Individuals with Disabilities Education Act-2004), there are eight required elements for an IEP. These include:

A statement of present levels of educational performance
Statements of measurable annual goals
An explanation of how progress will be measured
A description of the special education services provided under the program
A description of the extent to which (if at all) the child will participate in regular education programs
An explanation of the ways that any testing modifications or adaptations that are required to accommodate the child’s needs
A statement of when any services will begin and end, how often the services will be provided, and where they will be provided.
By the time the child turns 16, the IEP must also include measurable goals for preparing the child for post-secondary life.

You should carefully examine your child’s IEP, make a copy of it, and use a highlighter or marker to verify that all required elements are in the program. If not, you need to immediately set up a meeting with the school to make necessary revisions to the program.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey, including parents of children who qualify for Extended Year Schooling. We provide a free initial consultation in all family law matters. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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