Law Ofc of Allison B. Vrolijk, Esq, Special Education Attorney

Atlanta area folks of "older" kids -- fantastic opportunity to learn about future planning!

PSA: Apparently, there are now bots out there that converge when I use the term A D H D. So if I start creating posts that have weird spaces between letters that are typically acronyms for disabilities, that's why. ;)

And if you see any bots posting under a thread, please report it or somehow let me know so I can s***f it out. TIA!

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What's your advice to this parent?

(note, while the scenario is loosely based on my own son's experience when younger, my son's teacher/school responded appropriately - however, I know that many do not - many respond as noted below........)

2nd grade student in Georgia (where schools CAN deny a parent's request to evaluate) has a history of developmental delays when younger, has an ADHD diagnosis, but does not currently have an IEP or 504 plan. Parent notices at home that student is not comprehending what he's reading. Parent emails the teacher, making a direct parent referral for a special education evaluation. Teacher says that student is doing well, is passing all of his comprehension assessments, so that an evaluation is not warranted. Mom replies that school-based comprehension assessments are given after the class has worked with the reading passage for the entire week -- by then, the child has memorized the passage so can, of course, easily pass the comprehension tests. At home, he's given cold reads and cannot answer comprehension questions. Teacher replies back, again, that student is passing so no evalution is warranted.

What do you advise the parent to do/say?

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QUESTION OF THE DAY (inspired by a true post from another FB page): Student has a BIP, which calls for positive supports and interventions. School also has a school-wide behavior system, which is punitive in nature. Student (who is in gen ed and cotaught classes) exhibits a behavior that is contrary to both the targeted (good) behavior in the BIP as well as the school-wide behavior protocol. School employees implement the school-wide behavior protocol (which includes physically removing the child from the situation and taking "points" away) but doesn't follow the BIP (because it's in direct contradiction with the school-wide protocol). What is your advice to the parent?

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Today's edition of bad advice that I've seen on FB:

School districts can't test for ADHD or Autism.

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I'm going to make posts about "bad advice" that I see on Facebook. Here's the first:

(Here in Georgia). Schools are allowed to restrain your student if they're a danger to themselves or others. But if you don't want them to be able to restrain your student, just call an IEP meeting and have it written into the IEP.

Why is this bad advice? What is the reality?

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Happy Monday!

I'm seeing a lot of bad/incorrect advice on some parent-led special education/needs Facebook groups. Please always seek advice ONLY from people with the education, experience and knowledge in whatever subject area you're asking about.

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We're not even one week into the school year, and I'm already hearing about students (particularly young students) with disabilities being suspended, or sent home (ie parents getting called to pick their student up) due to behaviors. Of course, school districts know that they pretty much have 10 "free" days before they actually HAVE to do anything about a student's behavior, and there definitely are administrators/schools that take advantage of that.

Here are a few things to remember:

1 - students with disabilities can be disciplined just as any other student, up to 10 days of suspension. This typically only means out of school suspension, as schools will claim that they provide services to students who are in in-school suspension. Once that 10-days is reached, students with disabilities must be afforded a manifestation determination review (MDR) prior to additional suspension days being imposed.

2 - in GEORGIA, students (both with and without disabilities) in preschool-grade 3 cannot be suspended for more than 5 days out of school without having a school meeting to discuss instituting multi-tiered supports to address the student's behavior.

3 - if your school calls you to come pick your child up early due to their behaviors, ensure that these are coded as suspensions. Otherwise, the 10-day MDR protections will take longer to kick in. (I had a successful state complaint last year over this issue).

4 - if your child is being suspended, regardless of age or disability, call a meeting to discuss your child's behavior. You do not have to wait for the 10-days of suspension. Particularly if your student doesn't already have a behavior intervention plan (BIP), doesn't have a current functional behavior assessment (FBA) or if their current BIP is not working. Keep in mind that if you have a newly created BIP, student's behaviors often get worse before they get better, so tweaks might not be warranted yet -- but still call a meeting to ensure that the BIP is being implemented with fidelity.

Anyone else have any thoughts/tips?

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Getting calls from clients and non-clients about schools telling them that they can't service their child's IEP, with some very creative solutions to try to stay in compliance.......anyone here get that call yet?

FWIW, you should NOT agree to change your child's level of service because the school doesn't want to staff it. They need to figure it out.

Along the same lines, be skeptical about early school year IEP meetings to change services, unless there truly has been a change in your child's functioning and/or present levels........

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DISCUSSION OF THE DAY: Let's talk about bussing.

Parents of students with special ed transportation should be starting to hear from their bus drivers in the next week or so. A very common complaint that I hear is that the bus ride is too long -- sometimes taking over an hour to do a drive that would normally take 15-20 minutes in a car. Other issues are that the bus arrives at school well before it's set to start, or arrives AFTER the start of the school day, or leaves before the school day is over.......

I wrote a blog post years ago that is still relevant in these situations: https://vrolijklaw.wordpress.com/tag/transportation/

Anything else you'd like to discuss about transportation?

transportation – Special Education Musings Posts about transportation written by vrolijklaw

QUESTION OF THE DAY: Your student is a rising 4th grader and they've been in a small group classroom at Kitty Cat Elementaray School since 1st grade. School is back in session in 2 weeks, and you get an email today saying that your student's home school, Brown Bear Elementary, now has a small group classroom that can serve your child, so your child's school is being changed. For various reasons, you would prefer your student to stay at Kitty Cat Elementary School. What are your rights?

And in the blink of an eye, summer is almost over for us here in Georgia. How are those beginning of the year letters to the teachers coming along? What is that, you ask.........

I strongly advise you to write an introductory letter to your child's new teacher(s). Pretend that the teacher hasn't read the IEP, hasn't read the psychological (because, really, odds are they haven't), and hasn't gotten to read the accommodation list yet. What are the most important things you want the teacher to know about your student for them to be successful -- and remember, these can be things that might not even be in the IEP at all!

Ideas/tips for how to approach this are welcome!

It's been a busy school year for me, here in Georgia. What nicer way to close it out than with a new AVVO review. This is why I do what I do.....changing trajectories and lives!

My autistic teenage son is now THRIVING in public school

5.0 stars
Posted by Rebecca
May 20, 2024

My family hired Allison when my autistic teenage son was starting back to public school after being homeschooled for a couple of years. We were traumatized from the rigmarole of IEPs and I decided I wasn’t messing around anymore. We had to re-up with Allison one time, but we didn’t use all of the second installment, even though we had 3-4 lonnnngggg IEP meetings. After all of that, my son has a 1:1 para that is with him all day and he just finished his freshman year with 7 As and 1 B. I never dared to hope that this would be his reality, but it is! He’s so bouyed by this transformation that he’s telling me he wants to tackle reading (his greatest challenge) this summer so that he can take AP classes junior year. I’m so thrilled by the outcomes of hiring Allison- best money I’ve ever spent!!!! Thank you, Allison; you have transformed my son’s future!!!

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BONUS THOUGHT OF THE DAY: Mediation is a fantastic, low-cost way to try to resolve issues that you might be having with your school district. HOWEVER, when you do come to an agreement, it's typically the school district who will write it up -- and in those settlement agreements, districts typically (at least here in Georgia -- I'd assume it's the same in most other states) write a waiver provision into their agreements -- that by signing the agreement, you waive your right to bring ANY other action against the school district for ANYTHING that the district might be liable/responsible for prior to the date of the agreement. So before signing any such agreement, you better make sure that you've settled any and all current or potential gripes you have with the district, or you'll be legally barred from pursuing them at a later date.

THOUGHT OF THE DAY: It came to my attention while attending the COPAA conference last month that it is NOT usual practice in ALL states to record IEP meetings, even by professional advocates and special ed attorneys. I was quite surprised by this, as I see no downside to recording. A meeting recording is the highest and best evidence of what was discussed and agreed to at a meeting. Record!!

QUESTION OF THE DAY: Provide your best tips to a parent preparing for a Manifestation Determination Review. HINT: the answer is NOT to just rely on the information that the school will be presenting -- parents need to be prepared to present their OWN evidence, if they can get it.

Remember, the 2 questions to be answered at an MDR are:

1. If the conduct in question was caused by, or had a direct and substantial relationship to the Child's disability; or
2 . If the conduct in question was the direct result of the LEA'sfailure to implement the IEP.

Discussion of the week: One of the benefits of attending COPAA's annual conference is meeting and chatting with special ed attorneys and advocates from all over the country. And learning from them! While IDEA proscribes the basic protections for parents and students, states are more than permitted to go beyond the IDEA in providing additional rights and protections.

What I've learned is that Georgia is WAY behind other states in affording additional rights to parents. While we were at the forefront (maybe first??) in banning seclusion and limiting restraints, I can't really think of any other area where we are ahead of other states.

For example, other states have:

classroom observation rules;
rules regarding timing for re-evaluations after consent is signed;
rules regarding provision of documents to be discussed at an IEP meeting a certain number of days ahead of the meeting.

What are some of the rules that YOUR state has that affords parents MORE rights than IDEA proscribes?

(and FWIW, I really want to know......considering trying to strum up some grassroots advocacy in Georgia to get parents more rights!!).

Forwarding from an email I received:

TOPIC OF THE DAY: Georgia Alternative Assessment eligibility.

Trying to make a long story short.......the Feds found Georgia out of compliance with the number of students on the Georgia Alternative Assessment, and has ordered Georgia to cap the number of students on GAA at 1%. Last fall, the Georgia DOE put out guidance to school districts, basically saying that a student cannot qualify for the GAA unless their IQ is less than 55 (I have also heard that the exepctation was that it was only for students in the "severe/profound" range - of course, I can't find ANYTHING in writing and my email sent to the DOE has gone unanswered as of this morning). So students with an IQ above 55 are expected to take, and pass, classes like high school geometry, world history, biology, American literature. Keep in mind that many of theses students are functioning on a 3rd grade or lower academic level in reading, writing and/or math.

My understanding is that students who are already on the GAA (and in classes that primarily work on functional academics and life skills) in high school and no longer meet criteria will be "kicked off" of it.

I understand that school districts will do everything they can to pass these students, and ensure that they earn the credits. But what good does that do, if these same students graduate without having learned life skills because they had to take algebra?

School districts are outraged. Parents are (or will be, when this starts happening to their child) outraged.

HOW is this serving this population?? HOW does this prepare these students for their life beyond high school?

I think there is a GREAT opportunity here for school districts and parents to work TOGETHER to work SOMETHING out for this "in between" population of students.

Thoughts?

Question of the Day: If you see a drafted goal/objective start with "When frustrated, Johnny will......," why should you rewrite it EVERY SINGLE TIME?

For example, "When frustrated, Johnny will use pretaught calming strategies to regulate."

If I had a dime for every time I saw this goal/objective in an IEP, I'd be a rich woman.........

Can someone.....anyone.....please explain this goal to me:

Johnny will increase his reading fluency on a grade {whatever} passage from 30% to 60% accuracy.

How does one measure fluency on accuracy alone???!!! {SMH}

Sharing for local Atlanta folks:

A former client asked me to share this message with you all:

Good morning, as a former client and a soon to be retiring special education teacher, I would like to encourage any of your followers to consider becoming a SPED teacher. I officially became a teacher in my late forties and I have not regretted it. The experience I gained by raising my son has proven to be invaluable. There is a serious shortage of SPED teachers and parapros and it is going to get worse. At the school I currently work at, over 70% of the Sped staff is in their 50s. And most of the 20-somethings that get hired as SPED teachers quit or go into Gen Ed. I think most school districts have information on alternative teacher certifications. Have a good day and thank you for all your encouragement and knowledge.

TIP OF THE DAY: Georgia folks, mid-year progress reports should have gone home within the past week in most districts. PLEASE scrutinize them closely. Track your child's progress. If they are making less than the expected progress as per the IEP, call a meeting to discuss what is going to be done differently to help ensure your child makes progress!

QUESTION OF THE DAY: Here in Georgia, there is a requirement of 12-weeks of RTI data collection prior to a consideration of eligibility under Specific Learning Disability. Given that districts are required to hold eligibility meetings no more than 60 days after the parent consents for their child to be evaluated, how do IEP teams handle the 4-week gap?

Question of the day: Student has an IEP and is entering 10th grade next year. They have goals and obejctives for math, focus/attention, organization, social skills. Their services include cotaught math, small group pullout once a week for social skills and a small group study skills class. They also have accommodations that include extra time for tests and quizzes, reduced amount of homework, small group testing, permission to work independently instead of in groups when group work is the class expectation, facilitation of social interaction when student chooses to participate in group work. Parent would like student to be in honors chemistry and AP World history (which requires 20+ pages of reading a night to learn the material) for 10th grade. The school states that the student may take honors chemistry and AP World History but will not be able to receive any accommodations or support in those classes. What are your thoughts/advice to this parent?

(*remember that the purpose of these questions is to educate. Hoping for a discussion on allowable services and accommodations in advanced classes.........)

https://www.motherjones.com/politics/2023/12/autism-rates-robots-disability-education-teacher/

Schools continue to stigmatize (and scorn) autism. Are robots really to the rescue? Humanoid robots teaching social skills can seem counterintuitive, but preliminary research suggests what some parents of autistic children have already discovered: It works.

Have you all heard about this?

Broadway's 'How to Dance in Ohio' Stars Seven Autistic Actors A new musical following a group of seven autistic young adults—all played by autistic actors—opened at Broadway’s Belasco Theater over the weekend. Titled How to Dance in Ohio, the production follows the leads as they prepare for an upcoming spring formal. Along the way, each character encount...

LOVE this. Brown Brothers, both on the autism spectrum. Inspiring. Spot on! Especially the Simon Cowell impersonation......and Ben Platt! I LOVE Ben Platt (just saw him on Broadway earlier this month) - this guy NAILED it! Enjoy!!
https://www.themusicman.uk/brown-brothers/?fbclid=IwAR0ATmMKtH7wzOUpQrfi5VvZ1N0PUgqaz-_lk9pdJqqzsTFMZM02X-McpHE

The Brown Brothers amaze with 10 different voice impressions On stage for their AGT 2022 audition, brother's Gabriel and Nathaniel Brown introduced themselves as Navy veterans who are also on the autistic autistic spectrum. Gabe quipped…