Last updated on November 26, 2023
Podcast 0091, Season 6, Episode 1; 16 August 2022
Back to School
Each school year begins with preemptively contacting the teachers, administrators, and special education coordinators to ensure our daughters receive the supports necessary for success. My wife and I know that we need to communicate early, and clearly, to avoid any misunderstandings about our daughters and their needs.
It would be wonderful if supports were simply part of good classroom design. It would be great if every teacher worked to make every lesson accessible for all learners, without the need for laws and regulations to ensure inclusive learning. The reality is that parents and guardians have to actively advocate for equity and inclusion. We should do this firmly, yet politely. We want to collaborate with our public schools, with shared goals and positive attitudes.
The best teachers and administrators listen to parents and learn from our children about disabilities, differences, and Neurodiversity.
Transcript
The back-to-school season is upon us. For our family, that means preparing paperwork for ARD committee meetings to formally request IEPs or 504 Plans. Yes, it’s time again for the alphabet soup of special education jargon.
Your student with an ASD, ADHD, SLD, or ID might need an IEP with a BIP to ensure an LRE for the FAPE within a public school. Don’t feel too bad if you didn’t understand all of that.
How bad is the alphabet soup? A guide for parents provided by the Texas Education Agency, also known as the TEA, lists more than 120 acronyms used in special education. An appropriate response when presented with this list is W-T-F.
When you’re the parent of a Neurodiverse student, your perspective on education is shaped by how difficult obtaining the legally mandated supports might be.
Welcome to Perspectives on Neurodiversity, a podcast dedicated to challenging myths and assumptions about Neurodiverse life. I am your host, Christopher Scott Wyatt, speaking as The Autistic Me.
My wife and I have two Neurodiverse daughters who are returning to elementary school. The more experiences we have as parents, the less confident I am that schools support Neurodiverse students any better than they did when I was in elementary school.
If you’re the parent or caregiver of a Neurodiverse child, I encourage you to find mentors to support you through the special education labyrinth. If nothing else, you might benefit from knowing your frustrations aren’t unique.
Learn the lingo of special education. Ask other parents what the acronyms and jargon mean. There’s the official meaning and then there’s the practical meaning, too.
APE, which is Adaptive Physical Education, sounds reasonable. In reality, it might be nothing more than walking around a track for the entire PE class. Other special education families in your school district will know the truth.
Susan and I have learned the value of advocating for our daughters throughout the school year. We communicate new health information to teachers promptly and ask questions about each girl’s academic and social progress in class. Don’t send constant emails, simply keep in contact with teachers.
We keep our communications short and polite. Susan and I always tell the teachers we appreciate their time and want to help them work with our girls.
The Legal Rights of Students
Before I get into the specifics of obtaining and ensuring supports for a student, I want to remind you that families and students have legally mandated rights. These laws and regulations exist to guarantee that schools consider the needs of all students, regardless of physical or neurological differences.
Every student is, in theory, guaranteed a Free and Appropriate Public Education. The classroom should be the Least Restrictive Environment reasonably available. When teachers and administrators mention FAPE and LRE, they are acknowledging that all students should be among their peers, receiving a good education.
My doctoral research was dedicated to analyzing higher education and autistic students who enrolled in online courses. This research meant I had to know enough about the legal mandates to determine if schools were making a genuine effort to support Neurodiverse students.
Not being a legal expert, I am still overwhelmed by the complexity of our federal and state laws that supposedly ensure inclusive educational experiences.
Some of the laws that have led to federal regulations meant to support our children are:
- Children’s Health Act of 2000
- Individuals with Disabilities Education Act (IDEA) of 2004
- Combating Autism Act of 2005
- Higher Education Opportunity Act (HEOA) of 2008
- Mental Health Parity and Addiction Act of 2008
- Affordable Care Act (ACA) of 2010
Some of these laws extended or replaced previous versions. Other laws, such as the No Child Left Behind Act of 2001, attempted to clarify standards for public education. Additionally, there are broader laws meant to ensure opportunities to participate in education and employment. The two most important of these are the ADA and the Rehab Acts.
My own academic works have focused on technology and the regulations put in place under the ADA, Rehab, and Telecommunications Acts.
- Americans with Disabilities Amendments Act (ADA) of 2008; Section 202/Title II: Accessibility of Technologies.
- Rehabilitation Act of 1973; Sections 504 and 508 extended by courts beyond data access to course access in 2005, 2007.
- Telecommunications Act of 1996, Section 255, ensuring communications technologies are readily accessible disabled users.
Who can keep track of all these laws and the resulting regulations? Certainly not most parents. Just remember that these laws exist and that there are advocates and legal experts available to help you as you advocate for your student.
Obtaining Supports
Let’s assume that every teacher, administrator, and paraprofessional wants your student to succeed academically, emotionally, and developmentally.
Before school starts, you should reach out to let your school know that your child might qualify for supports. Don’t wait until the school year in underway. If you do wait, there might be problems in the classroom and those can shape perceptions of your child unfairly.
Federal regulations list specific sets of disabilities that qualify for support services. The ADA text also include an open-ended definition stating that disability is any “physical or mental impairment which substantially limits one or more of such person’s major life activities.”
When you communicate with your child’s school, be specific about the differences that require supports. The Individuals with Disabilities Education Act lists 13 categories of eligible disabilities. If you can document that the student has differences in those categories, that’s a good step towards obtaining supports.
You will find links to the IDEA disabilities categories and other resources in the transcript for this podcast episode.
If a student has any significant hearing, vision, mobility, or cognitive difference, those likely fall within the IDEA criteria for supports. Learning disabilities, autism, and any differences significantly affecting a student’s energy, strength, or alertness also qualify for supports.
After you prepare a letter or email to the school explaining that you are requesting supports for a student, be sure to send copies to the district’s special education team, the school principal, and the child’s teacher.
The school will schedule a meeting with you that will begin the process of determining the nature and extent of any supports. Some schools call this an IEP meeting, others call it a Special Ed intervention meeting.
We live in Texas, where the committee meeting is called an “ARD” conference. ARD stands for “Admission, Review and Dismissal” within special education.
IEP/504 Plan Meetings
Do not go into meetings with an aggressive stance. Yes, your student has legal rights. The school administrators know that. If you approach meetings with negative expectations, administrators can drag out the special education eligibility processes. They will follow the law strictly, waiting the maximum number of days to make decisions. A bad attitude only penalizes your student.
Bring as much information as you can to whatever your school district calls these special education committee meetings.
First, if the student had an IEP or 504 Plan in the past, be sure the school knows. When we moved from Pennsylvania to Texas, we made sure our new school had the special education records. A previous support plan is a great starting point.
Next, present a summary of medical and mental health records that provide evidence of eligible differences. If you’ve had experts evaluate the child, include the findings of any Independent Educational Evaluations, neuropsychological assessments, and medical records in your summary.
After these meetings, the committee will decide if your child needs one or more assessments to qualify for services. There will be a determination of eligibility for an IEP, 504 Plan, natural accommodations, or no special supports. The decisions can be appealed, but let’s not rush to the assumption that you’ll need to fight for supports.
An IEP is an Individualized Education Program. If the student has significant physical, neurological, or cognitive differences that limit the ability to perform well within the classroom, an IEP might be needed. An IEP isn’t for minor differences or challenges that do not impair academic performance.
If your student needs some supports, but not significant on-going modifications to the classroom and curriculum, then the committee might determine that a 504 Plan is appropriate.
Don’t panic if your child is offered a 504 Plan instead of an IEP. Though the 504 Plan isn’t a complex, federally regulated document, most schools do prepare a written summary of the specific accommodations and services a student will receive with a 504 Plan.
Think of this example. If a child wears glasses or contact lenses, then preferential seating might be a reasonable and natural accommodation. The classroom teacher doesn’t need to change lessons or rearrange the physical classroom for a student with glasses. Likewise, a student with ADHD who does not require medication might benefit from a front-row seat.
If a student performs at or near grade level and can participate in daily activities without interventions, a 504 Plan offers sufficient supports.
However, if a 504 Plan isn’t providing the accommodations necessary for success, then a parent can and should request an additional assessment for IEP eligibility. You can request an Independent Educational Evaluation, via an appeals process. Sadly, not every district will agree to pay for an IEE.
You might have heard about, or experienced, a school resisting IEPs for students. Preparing and maintaining an IEP requires a lot of effort. It asks a lot of the classroom teacher, at least one special education teacher, and the district special education staff.
Listen to everything said at these meetings. Take notes and ask questions. Pay attention to which people in the meeting appear to share your concerns.
It never hurts to send a thank-you note to committee members a day or two after each meeting.
The IEP
As an Individualized Education Program, the IEP is a written legal document. There are strict federal rules for preparing the documentation. It helps to think of the IEP as a legal contract, with the school clarifying what supports will be provided. To revise the IEP, the school must inform a parent or guardian in writing. The IEP isn’t a verbal promise to help the student: it is legally a binding compliance document with federal law behind it.
The IEP indicates that a student is recognized as disabled, with differences that directly affect the child’s ability to learn and participate in the classroom. Without accommodations, the student could not be expected to participate in activities.
Within the IEP documentation, the school must include:
- The student’s current academic standing;
- The student’s functional levels socially and emotionally;
- Measurable academic goals for the year;
- Specific services to be provided, including when and how they will be delivered;
- Accommodations within the class or classes attended; and
- Testing accommodations for standardized exams.
You and the committee will meet annually to revise and update the IEP. Federal guidelines require that every three years, the school district reevaluate the student to ensure that proper supports are being provided.
These evaluations might also mark the end of an IEP.
An IEP isn’t forever, and that’s something parents need to accept. The goal of providing supports and accommodations is to help the student develop academically, emotionally, and developmentally beyond the IEP.
Balancing Supports and Growth
Teaching college courses, I met many students who were unprepared for learning without an IEP or 504 Plan. As parents, Susan and I know we need to help the girls develop the skills necessary to succeed after high school. Looking that far ahead isn’t easy.
College students still have legal rights under the ADA, Rehab, and Telecommunications Acts. However, those protections require knowing your rights and being a self-advocate.
Including your student in the IEP or 504 Plan process offers important lessons and awareness. We don’t hide their diagnoses from our daughters. We want them to know who they are and how to ask for assistance.
The girls know they are Neurodiverse. They are learning strategies that will help them succeed with minimal outside supports. In fact, those life skills are part of a good IEP.
Back to school is exciting and anxiety inducing. As the girls get older, they are more aware of their differences. They are also more aware of their strengths.
We will collaborate with their teachers, administrators, and paraprofessionals to help the girls achieve their best this year and every school year.
I hope you have enjoyed this episode of Perspectives on Neurodiversity. Please remember to subscribe to the podcast and leave a review if you found the discussion useful. Don’t forget to read The Autistic Me blog and follow my posts on social media. Look for “Autistic Me” as one word on Twitter, Facebook, and LinkedIn. Links to The Autistic Me on social media are included in the show notes.
I am Christopher Scott Wyatt, speaking as The Autistic Me.
Resource Links
- Department of Education IDEA Pages:
https://sites.ed.gov/idea/ - Office of Special Education and Rehabilitative Services:
https://www2.ed.gov/about/offices/list/osers/index.html - Office for Civil Rights Rehab Act Section 504 FAQ:
https://www2.ed.gov/about/offices/list/ocr/504faq.html - IDEA Categories of Disabilities:
https://www.understood.org/en/articles/conditions-covered-under-idea - Congressional Research Service: Comparison of IDEA Eligibility Criteria: https://crsreports.congress.gov/product/pdf/R/R46566
- National Center for Learning Disabilities IDEA Guide:
https://www.ncld.org/wp-content/uploads/2014/11/IDEA-Parent-Guide.pdf - IDEA Data:
https://www.ideadata.org
The Autistic Me
- Blog: https://www.tameri.com/autisticme/
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