Jennie Bourgeois

GUEST POST by JoAnn Collins

Are you the parent of a child, with autism or some other disability, that thinks your child may benefit from functional skills training? Would you like to know what the Individuals with DisabilitiesEducation ACT (IDEA) requires in relation to functional skills? Would you like parenting tips on using IDEA requirements to help your child receive functional skill training? This article is for you; it will discuss IDEA requirements, and how you can use them to advocate for functional skills training for your child.

The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, andindependent living. Education is more than reading, writing, and math; it also includes functional skills to help children with disabilities live a full and rewarding life. This is especially true for children with autism or intellectual disabilities.

IDEA requires each child’s individual educational plan (IEP) to contain a statement of present levels of academic achievement, and functional performance. School personnel should give you objective information (testing) each year, about your child’s academic and functional performance.

Do not accept teacher subjective observations and grades (also subjective), to determine if your child is making academic and functional progress. Around Christmas time ask that testing be performed in the areas of academics and functional skills, in January, so that these results can be used at the annual IEP meeting. Also ask for copies of the testing at least 14 days before the meeting, so that you will be able to be an equal participant in the meeting.

IDEA also requires that the IEP contains a statement of measurable annual goals, including academic and functional goals. Since you asked for testing at Christmas time, and hopefully have received the results before the IEP meeting, you will have some knowledge of your child’s academic and functional needs.

Write a few academic and functional goals, and make sure they are measurable. In other words, how will you know when your child has made the goal? Bring the list with you to your child’s IEP meeting. Share your input on annual academic and functional goals with the IEP team.

By understanding what the federal law IDEA states about functional skills, you can use the information to ensure that your child is tested in this area, and has annual goals developed for their IEP, if needed. Functional skills will help your child become as independent as possible as an adult, and live a more fulfilled life.

JoAnn Collins is the mother of two adults with disabilities, and has been an advocate for over 15 years, helping other families. She is the author of the book: Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game.” The book is filled with advocacy tips, and resources to help parents. For a free E newsletter send an E mail to: JoAnn@disabilitydeception.com. For a link to more free articles go to:

http://www.disabilitydeception.com

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• Typically, an IEP meeting is held annually, or more often if requested by a member of the IEP team, to establish a yearly plan for (with) the student.  The IEP team consists of:

• Special Education Teacher
• Parents
• Administrative Representative
• Any Involved Professional
• Anyone the Parent chooses to be Present

An IEP consists of the following components:

• Mainstream Statement including the level of intervention, location and extent student will be participating in the regular education classroom

• Description of Related Services including but not limited to, transportation and physical education.  The plan should include the number of minutes per week and the percentage of time the related services will be provided.

• Implementation Dates including the duration of special education and the re-evaluation.

• Statement of the Present Levels of Educational Performance

• Annual Goals

• Short-Term Objectives

• Objective Criteria and Evaluation Procedures

In addition to above stated criteria, there are other essential componets that also must be included in a student’s IEP such as:

1. Personal information such as name, address, parents’ contact information, etc.
2. IEP conference and review dates
3. Transition plan if 16 years old or older
4. School district, building and program
5. Grade level, program and level
6. Reason for assignment and explanation for meeting state criteria along with a narrative statement
7. Primary assignment and any limitations of services
8. Projected dates including the initiation and termination of services under the current IEP based upon ongoing review
9. Special media needs or other needs for special materials or devices
10. Related services that need to be provided in conjunction with regular education such as bus transportation, physical education, speech language, occupational therapy and physical therapy
11. Signatures of the IEP team members who attended and their relationship to the student

Another important aspect of the IEP process is the student’s Present Educational Level (PEL).    The PEL must be assessed through functional means by focusing on what the student is able to do, rather than what the student is unable to do.  Both the strengths and weaknesses of the student must be considered and evaluated.  The PEL should reflect positively on the student while at the same time giving a realistic view of the currents needs.    Checklists to assess the student’s strenghts and weaknesses may be an appropriate means to assess for this information.

If a teacher does not have experience in working with a particular student, or in preparing information needed for an IEP meeting, there are a few essential steps that may be beneficial in guiding the teacher to begin the preparation process.

1. Document the student’s strengths and weaknesses
2. Analyze and determine the desired individualized instruction for the student
3. Provide a means of assessment
4. Complete the documentation and recording of all information and data
5. Be aware and address the difficulties that may be involved concerning language issues as a result of the disability

Educators should consider the process of developing an IEP to be extremely beneficial.  While they may be time consuming and expensive to plan and implement, once completed, an effective IEP becomes the teacher’s road map for that student’s learning objectives.   It is also can become a record of accountability and may help to alleviate some of the stress that is oftentimes involved in providing special education services.  An effectively prepared, well documented and fully implemented IEP is the best defense for teachers and administrators against possible complaints and litigation.

It is important that parents, teachers and administrators are all familiar with the compliance issues surrounding the IEP process including parental notice, related services, attending personnel, extended school year, Section 504 and IDEA.

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While it can be frustrating at times for parents in working through the IEP process with their child’s school, it is important to remember that often times teachers have not found it easy to design educational curriculum specific to individual student’s needs.  It is not uncommon for teachers to lack structure and guidance from the administration concerning the expectations in making educational accommodations for studetns with an IEP.  In addition, many special education teachers do not receive training in how to write or implement IEP or fully understand the IEP process.

Despite these limitations, IDEA requires that students receive an educationally relevant and equitable curriculum.  These goals are indeed not always easily satisfied.  In addition, certain aspects of the implementation of IDEA may be interpreted differently from state to state and funding problems often further complicate the situation for administrators.

Another requirement that is part of the IEP process is for a transition plan to help prepare the students for adulthood and other ongoing needs.  Through this planning process, issues such as living arrangements, career and basic adult living skills which greatly extends the general education teaching role for many teachers.   IDEA requires that the transition plans be a part of the IEP process and be completed by the student’s 16th birthday.

Understanding the different individual perspectives that are coming together to provide the best possible services for a student can be immensely beneficial.   Sometimes it may appear at first glance that the teachers or the administration are unwilling to provide what is in the best interest of the student.  However, it may be that they also want what is best for the student, but may need some additional information, education and understanding in order to fully appreciate the student’s individual needs.

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Part B of  IDEA covers children ages 3-21.  Part C of IDEA covers children who are birth to age 3.

The federal law defines eligibility of Part C services  based on (i) developmental delay in the areas of cognitive, physical, communication, social adaptive OR (ii) has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay; Fed reg:  20 U.S.C. 1432(5)(A)(B) The term ‘developmental delay’ is defined by each state.

Parents  have the right to ensure that the service coordinator who is assigned to their child has the qualifications necessary to meet meet their needs.  The federal law says, “The IFSP must include the name of the service coordinator from the profession most immediately relevant to the child’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for the implementation of the IFSP and coordination with other agencies and persons.” – Sec. 303.344(g)(1).

It is the parent’s  responsibility to understand the experience and educational background of those professionals who will be working with their child.  The law requires that “appropriate, qualified personnel” are involved in the assessment, service coordination, and services.   Parents  must lead the way when it comes to ensuring that the professionals assigned to their child have the appropriate expertise meet their child’s specific needs.

Federal law also provides in natural environments.   Part C of the Individuals with Disabilities Education Act (IDEA) states that early intervention services ” To the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate… [34 CFR 303.12(b)] ; Part C defines natural environments as “settings that are natural or normal for the child’s age peers who have no disabilities” (34 CFR 303.18).

As families begin in the Part C system in their state they need to quickly become experts and it can be overwhelming at times.   Parents must know and understand the law that provides the intervention services for their child.

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• An Individualized Education Plan (IEP) is a plan for the delivery of special education and related services.   The student must have a disability that affects his or her ability to learn.  There are 13 classified disabilities. Each IEP is reviewed annually by the school to monitor student progress.

• The services written into the IEP may be provided in a general education setting, a special education setting or in a combination of both.

• Section 504 of the Rehabilitation Act of 1973 guarantees certain rights to people with disabilities including a Free and Appropriate Education.

• There are no legal requirements about what a 504 Plan should include, and the school isn’t required to involve parents in the process.

• Least Restrictive Environment (LRE) means that a child with a disability should be educated in classes with non-disabled children and they should receive the additional academic and/or behavioral services that they need to progress so they can remain in classes with non-disabled children.  The LRE is preferably a neighborhood school.  Students with a disability should be removed from the general education environment only when their disability is so severe that the child cannot progress even with the help of aides and services in a general education setting.

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Individualized Education Plans (IEP) are divided into the follow categories:

1. Cognitive (intellectual skills)
2. Social (adaptive and self-help skills)
3. Motor (physical ability)
4. Language (speech and communication).

Most IEPs average approximately ten goals per category.  However,  there may not be any goals listed under some categories where nothing additional is needed.  In comparison, regular education has goals that are arranged by the curriculum areas of:

1. Science
2. Social Studies
3. Language
4. Mathematics

• The number of these goals that are listed by grade level is exhaustive.  For example, in elementary grades there can be between 300 – 500 goals listed and in high school there can be between 1200 – 1500 goals listed.  When writing an IEP, the student’s grade curriculum goals should be utilized in determining the areas of special need that should be included.

• In addition to considering the grade curriculum goals, the IEP team should consider any observation reports from home, school, or extra curricular activities and any assessments that are provided from doctors, therapists or counselors.

• Starting off with the proper information and resources will help in ensuring thorough and complete IEP goals are established that are in the best interest of the student.

• If the student is under a regular doctor, therapist or counselor’s care, be sure to include an annual letter from them that includes information such as specifically how the disability affects the student and any possible academic issues as a result of the disability or medication side effects such as  absences, sleepiness,  forgetfulness, appears unmotivated, etc.  Also, be sure the medical provider includes directions for how any medications should be administered at school.

Prior to writing the IEP, obtain information from those who know the student best by directly soliciting their feedback and opinions.  For example, ask the student’s parents and teachers to provide information such as:

1. areas of strength both socially and academically for the student
2. what specific skills or knowledge has the student obtained over the past year from either school or home
3. what are the challenges for the student at school
4. what strategies or techniques have been found to be successful over the past year

• It is to be expected that all professionals involved in the IEP process come to the meeting with specific goals for the student in the upcoming year.  This also includes the parents bringing their lists of goals for their child academically and socially.  Parents should also bring to the IEP meeting their own list of questions for the team members and discuss those during the meeting as well.

• In preparation for an IEP meeting, it is appropriate for a parent to request to see a copy of the draft IEP document a few days prior to the meeting for review.  The IEP document continues to be considered in draft form through out the IEP meeting and subsequent discussions.   It is appropriate for changes to brought forward and made to the IEP document during the meeting if necessary.

• Parents need to remember that they do not have to sign the IEP document at the meeting if they do not agree with it or are uncertain about something.    Parents have up to 15 days after the IEP meeting to review the final document and sign it.  However, if the document remains unsigned after 15 days, the plan will be placed into effect as it is written.  For a first IEP, the school is not able to commence services to the student until the initial IEP document is signed by the parent.

• Remember, at any time a team member feels that there needs to be a change to the plan, they can request for another IEP meeting.

• For substantial requests for changes to the IEP document, it is best to bring those up prior to the meeting date.

• If a request for a change or accommodation is not implemented,  be sure to make it well documented.  Put the request, rational and supporting documentation in writing.  Request that the response with the reason for the denial or not implementing the request is being denied is also in writing as well.  Be sure to maintain a copy of the request and denial and ensure that a complete copy is attached to the IEP as well.

• If a team member who is required to sign the IEP objects to any part of the plan, they may sign stating that they consent to the implementation of the plan, however they object to the plan and then specifically state the reasons for their objection.

• If any member who should be a part of the IEP process is unable to attend the meeting, be sure to request that they provide a written statement for the meeting that includes their assessment and recommendations.

• If necessary, the IEP meeting can be audio taped to help individuals remember specificlaly how the services are to be implemented.   Parents must notify the district prior to the meeting of their intent to audio tape the meeting.

• Beginning at the age of 14, the student is required to be in attendance at the IEP meeting.  However, if possible you can begin to involve the student in the process earlier.    Having the student’s involvement in the process helps them to understand everyone’s role in their educational development and the reasons for certain instructional strategies and plans.

• If a student is going to be transitioning to a new school or environment, be sure there is a time scheduled for the student and parents to tour the new school environment and meet with the individuals at that school who will be working with them.

• Parents are able to invite other professionals to attend and participate in the IEP meeting.    These individual might be medical or educational professionals who are working with the student outside of the school setting.

• It is important that the  student’s teacher, case manager, and parents maintain communication throughout the process of establishing and implementing the plan.  When communicating through e-mail it is helpful to copy other members of the student’s IEP team so that everyone is kept informed about the student’s progress and any difficulties that may arise.

• Remember that a student has the right to receive all services that are stated in the IEP regardless of  scheduling issues or other conflicts with the exception of the student’s absence from school.

• Communication between the parents and teacher or case worker can be included in the IEP.  It can be clearly established in the plan to address the required frequency, mode and information provided to the parents from school professionals.

Remember, all members on the IEP team are equals.  Everyone has an equal voice and specific role to serve within the IEP process.  The team as a whole should be working together for the child’s success.

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Here are some key vocabulary be familiar with when working in the IEP process.

Present Levels of Performance – You need to understand the current level of  functioning before you can establish future goals.

Annual Goals –  what the IEP team believes is possible to achieve from the Present Level of Performance.   Goals must be measurable under the federal requirements.  Goals need to be written with the desired outcomes for each goal stated.  Goals need to target the deficit area.  Goals are supposed to guide students toward their grade-level standards.  Goals are not one-size-fits-all.  They are supposed to be individualized for each student and their unique and specific needs.

Measurable Goals – are clearly and succinctly written in objective, quantifiable terms.  In order to be measurable it  must deal in absolutes and the language must be clearly understood by anyone who might be reading it.  The language of the goal should describe exactly the task the student is to accomplish.  Avoid having goals with arbitrary numbers without fully explaining how and when the student is to achieve the stated percentages or scores.  Measurable goals also need to include specific data collection to document the progress towards these goals.  Data collection can include things such as check-off lists, tally sheets or standard data sheets.  Supplementary documentation can be added in addition such as observations and comments but should not replace the required data collection to measure the progression toward the goals.  Goals need to be meaning, relevant to the student’s ability level.

Goals & Assessments – Goals are done once a year but Assessments are only required once every three years.

IEP Goals – Services are directly tied to the IEP goals.    Remember if there is no deficit, then there is no goal and no service within that domain.  Think about the goals first and then the services needed to meet those goals second.

Advocate – An individual, group or organization who is dedicated to working for the benefit of a student with a disability and special education in activities such as politics, lobbying, committees, task forces, parenting, IEP meetings and other positive endeavors.

IEP – An Individualized Education Plan is tailored for each student’s unique disability related needs.

Community-Based Instruction – Instruction that takes place in a non-classroom environment in order to teach skills that the student may need in order to become more independent.  It involves teaching students in specific settings which require they learn specialized skills.

FERPA – Family Education Rights and Privacy Act

Due Process – The law that provides protection for students with disabilities in receiving an appropriate education.

Functional Level – The academic level at which a student is performing independently.

IDEA – Individuals with Disabilities Educational Act (formerly PL 94-142)

Functional Skills – The skills that would need to be provided for the student if they are unable to perform the skills themselves.  In addition, other criteria may be considered regarding the assessment of functional skills including the frequency that the skill is needed and the relevancy of the skill for the student currently or in the near future.

FAPE - Free Appropriate Public Education

Transition Services – A coordinated set of activities that are specifically designed for a student with a projected outcome-oriented process.  It promotes the change for the student from school to post-school activities including college, vocational training, employment, adult education, adult services, independent living, etc.  IEPs are required to include a statement of needed transition services for students beginning no later than age 16 and then each year thereafter.  At times, when determined appropriate, transition planning may begin at age 14 or younger.

OSEP – Office of Special Education Programs

Inclusion – Appropriate educational services to all students in regular education classes attended by nondisabled students of the same chronological age in the appropriate school setting.

LRE - Least Restrictive Environment is an important concept within IDEA.  LRE mandates that students with disabilities not be seperated from their peers unnecessarily.  Accommodations must be made to include students with disabilities with their peers and to seperate them only when they are being provided special accommoations or services.

Mandate – Required by law and not optional for school districts or administration to adhere to.  Federal and state mandates are not always the same.  A mandate is also known as a legal requirement.

OCR – Office of Civil Rights

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Naturally, accommodations will vary from student to student.   When establishing an IEP plan, the number one thing to remember is that it is exactly what the name implies — individualized.  The plan should be catered specifically to the needs and goals of each student.

Here is a very limited list of some examples of IEP Accommodations that may be utilized.

• Seat student in the front row and away from distractions
• Seat student near a positive role model
• Increase physical distance between students’ desks
• Allow extra time for tests and assignments
• Break long assignments into shorter parts and attempt to shorten assignments and work periods
• Provide both written and oral instructions
• Supervise and verify student’s assignments are recorded in planner
• Provide student with a duplicate set of books to keep one set at home
• Provide peer assistance in note taking
• Cue student to stay on task with a private signal
• Allow student to stand while doing class work
• Provide frequent short breaks
• Increase immediacy of rewards and consequences
• Send home daily or weekly progress reports and updates
• Establish behavioral contract
• Acknowledge and compliment positive behavior
• Give student opportunities to participate in leadership roles
• Encourage student to walk away from situations that make them angry to cool off
• Provide student with rubber ball or other manual manipulative for excess energy
• Allow use of graph paper to assist with handwriting legibility

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