Service

Education Advocate

Description

While in private practice, Elizabeth has represented juveniles in criminal court for felonies and misdemeanors. Once a child is charged with a felony, the school he or she is attending is notified and there is a possibility for expulsion. We provide comprehensive representation by attending Individualized Education Plan meetings, Manifestation hearings, and suspension/expulsion hearings and Sunshine Law appeals before the School Board.

It is crucial for a juvenile to have comprehensive representation when charged with a crime as their future depends on it. There are added protections by law for Students with Disabilities.

Here is some general information on the ESE process in Florida:

• To receive ESE services in Florida, your child must meet the requirements of at least one of the exceptionality categories listed below and need specially designed instruction and related services. Educators sometimes use the acronyms for the exceptionalities, so these have been provided as well.
•  Autism spectrum disorder (ASD)
•  Deaf or hard‐of‐hearing (DHH)
•  Developmentally delayed, for three through five years old only (DD)
•  Dual‐sensory impaired (deaf‐blind) (DSI)
•  Emotional or behavioral disabilities (EBD)
•  Homebound or hospitalized (HH)
•  Intellectual disabilities (InD)
•  Orthopedic impairment (OI)
•  Other health impairment (OHI)
•  Traumatic brain injury (TBI)
•  Specific learning disabilities (SLD)
•  Speech impairment (SI)
•  Language impairment (LI)
•  Visually impaired (VI)
•  Gifted *
* In Florida, some children who learn very easily and meet qualification requirements receive ESE gifted services. This book is not about gifted services. For information on gifted student education visit

http://www.fldoe.org/bii/Gifted_Ed or contact your local school district.

 

The eligibility criteria, or requirements, for each of the exceptionality categories listed above are outlined in Florida’s laws and rules. Some children have one disability, and others have more than one. One child with a disability may need only a little extra help. Another child may need more services because their learning needs are more intense. Some children will need ESE services for only a short time. Others will need help throughout their school years.
Not all children with the same disability have the same needs or require the same services. ESE services are designed to give each child the special help they need.

• To receive ESE services in Florida, your child must meet the requirements of at least one of the exceptionality categories listed below and need specially designed instruction and related services. Educators sometimes use the acronyms for the exceptionalities, so these have been provided as well.
•  Autism spectrum disorder (ASD)
•  Deaf or hard‐of‐hearing (DHH)
•  Developmentally delayed, for three through five years old only (DD)
•  Dual‐sensory impaired (deaf‐blind) (DSI)
•  Emotional or behavioral disabilities (EBD)
•  Homebound or hospitalized (HH)
•  Intellectual disabilities (InD)
•  Orthopedic impairment (OI)
•  Other health impairment (OHI)
•  Traumatic brain injury (TBI)
•  Specific learning disabilities (SLD)
•  Speech impairment (SI)
•  Language impairment (LI)
•  Visually impaired (VI)
•  Gifted *
* In Florida, some children who learn very easily and meet qualification requirements receive ESE gifted services. This book is not about gifted services. For information on gifted student education visit http://www.fldoe.org/bii/Gifted_Ed or contact your local school district.
The eligibility criteria, or requirements, for each of the exceptionality categories listed above are outlined in Florida’s laws and rules. Some children have one disability, and others have more than one. One child with a disability may need only a little extra help. Another child may need more services because their learning needs are more intense. Some children will need ESE services for only a short time. Others will need help throughout their school years.
Not all children with the same disability have the same needs or require the same services. ESE services are designed to give each child the special help they need.

Laws about the Education of Children with Disabilities
There are several important federal and state laws about education for children with disabilities. These laws help to make sure that your child with a disability gets the educational services they need. The laws are organized around the following six principles:
• Parent and Student Participation
The laws are clear that you, as the parent, should have a voice in all discussions and decisions about your child’s education. As your child grows older, their own participation becomes important. In fact, once your child is 14 years old (or earlier, if appropriate), they are included at meetings to help make decisions about their education.
• Appropriate Evaluation
Before deciding that your child is or is not eligible for exceptional student education, a team of people must conduct an individual evaluation of your child’s educational strengths and needs. The evaluation will include measuring your child’s response to instruction and interventions over time, interviews, observation, and an analysis of all information about your child and their educational needs. The evaluation sometimes includes individual tests given by a specialist, such as a psychologist or speech‐language pathologist. The law provides a number of protections to make sure that once your child is identified as a child with a disability, they are reevaluated from time to time to find out if your child continues to have a disability and if their educational program or services should be changed.
• Individual Educational Plan (IEP)
An IEP is a written agreement that tells you, your child, their teachers, and other school staff and service providers what services the school will provide to help your child meet their educational needs.
• Free Appropriate Public Education (FAPE)
Every student receiving ESE services has the right to a free appropriate public education. This means that the local public school district must provide services designed to help your child meet their annual goals and make progress in the general curriculum at no cost to you.
If your child has a disability, lives in Florida, is at least three years old and less than 22 years old, meets the eligibility criteria, and has not yet graduated from high school with a standard diploma, they are entitled to receive free exceptional education services from your local public school district.
• Least Restrictive Environment (LRE)
Children with disabilities must be taught as much as possible in the school and the classroom they would attend if they were not disabled. This means that your child’s school should consider aids and supports that would help your child stay in a regular classroom in their zoned school before deciding on a more restrictive placement.
• Procedural Safeguards
School and district staff must follow certain steps to make sure that exceptional student education and related services meet the unique needs of each public school student with a disability. The rights that parents have, if there is a disagreement, to make sure those steps are followed are called procedural safeguards.
The laws and rules that apply to educating children with disabilities are described in several places in this book. The most important laws and rules are:
•  The Individuals with Disabilities Education Act (IDEA)
•  The Family Educational Rights and Privacy Act (FERPA)
•  The Americans with Disabilities Act (ADA)
•  Section 504 of the Rehabilitation Act of 1973
In addition, information about federal and state rules and local school district policies can be found in the following:
•  Volume I‐B: Florida Statutes and State Board of Education Rules for educating exceptional students, which can be found online at http://www.fldoe.org/ese/pdf/1b‐stats.pdf
•  Each local school district’s ESE Policies and Procedures (SP&P) document, which can be found online at http://www.fldoe.org/ese/ppd.asp
•  IDEA website Part B, which can be found online at http://idea.ed.gov/explore/home
Note: If your child goes to a private school and you think they might have a disability, the public school district will evaluate your child if you ask for an ESE evaluation. If the evaluation shows that your child does have a disability, they may be able to receive some services from the public school system, but a child placed in a private school by their parents is not entitled to all the rights discussed in this book. You can call the ESE administrator in your local school district office to find out more about this.

ELIGIBILITY DETERMINATION

After the evaluation is finished, the school will invite you to a special meeting, which is often called an eligibility staffing. When you get the invitation, you will have four choices. You can:
•  Attend at the suggested date and time
•  Ask to reschedule the meeting and suggest other dates and times you can meet
•  Ask to participate through a telephone conference
•  Decide that it is impossible for you to attend and tell the school that they may go
ahead with the meeting and talk with you about the results afterward (If you choose this option, the school must send you copies of all the reports and any forms that they filled out during the meeting.)
It is important for you to get ready for the meeting. Read over your records and make notes to take to the meeting. This will help you remember important information you want to share and questions you want to ask.
A group of people from the school or school district will be at the eligibility staffing. This may include:
•  Principal or other school administrator
•  Staffing specialist
•  ESE teacher
•  Guidance counselor
•  Speech pathologist
•  Regular classroom teacher
•  School psychologist
•  Other specialists who worked with your child during the evaluation process
At the meeting, the evaluators or other school staff will explain the evaluations and discuss the results with you. The team of people—including you—will determine if your child qualifies for ESE services. Questions you might want to ask:
•  Were there any special circumstances in the testing situation that might have affected my child’s performance?
•  How do my child’s results compare with those of other children?
•  How do my child’s test results compare with previous scores on similar tests?
•  What do the test results tell you about how my child learns best?
Are there recommended strategies to help my child be successful in the general education curriculum?
First, a child qualifies for services only if they meet one of the eligibility criteria in the State Board of Education Rules for ESE, listed below:
•  Autism spectrum disorder (ASD)
•  Deaf or hard‐of‐hearing (DHH)
•  Developmentally delayed (three through five years old only) (DD)
•  Dual‐sensory impaired (deaf‐blind) (DSI)
•  Emotional or behavioral disabilities (EBD)
•  Homebound or hospitalized (HH)
•  Intellectual disabilities (InD)
•  Language impaired (LI)
•  Orthopedic impairment (OI)
•  Other health impairment (OHI)
•  Traumatic brain injury (TBI)
•  Specific learning disabilities (SLD)
•  Speech impaired (SI)
•  Visually impaired (VI)
Second, the team must determine if your child needs specially designed instruction and related services as a result of the disability. There are a number of questions that the team will answer to help figure out if your child qualifies for ESE and to lay the foundation for the individual educational plan. The questions include:
•  What special learning needs does your child have because of the disability?
•  What special behavioral needs does your child have because of the disability?
•  Does your child need assistive technology because of the disability?
•  Does your child need related services or supplementary aids to benefit from
special education?

The team will use the evaluation reports, medical records, school progress reports, test results, progress monitoring information from the RtI process, and any information you provide to decide if your child qualifies for ESE services. You have the right to receive copies of evaluations and reports at no cost to you. You also have the right to have the reports and evaluations explained to you. Be sure to keep copies of evaluation reports in your file or notebook.

The team will decide one of the following:
•  Your child is eligible for ESE services. The team will develop an IEP so you will know what services the school is offering to your child.
•  Your child does not qualify for ESE services. However, the problem‐solving process will continue. If your child is still struggling, the school will keep working with you to find ways to help. If your child is doing better, the school will continue to monitor progress to make sure that your child continues to be successful.
•  Your child does not qualify for ESE services, but does need accommodations as a result of a disability. The accommodations will be identified in what is called a 504 plan. More information on 504 plans can be found at http://www.fldoe.org/ese/pubxhome.asp.
•  There is not enough information to reach a decision and more evaluation is needed.
THE INDIVIDUAL EDUCATIONAL PLAN (IEP)
Every child with a disability who is eligible for ESE will have an IEP. An IEP is a written plan that tells you, your child, the teachers, and other school staff which ESE services the school will provide to your child. Your child cannot receive ESE services until the first IEP is developed and you give your permission for the services and placement. You will find a copy of a sample blank IEP form in Appendix D. Your child’s form may look different, but it will include the same information.
IEPs are developed during IEP team meetings. You will get a written notice from the school before each IEP meeting. The notice will tell you the day, time, and place suggested for the meeting; who will be there; and why the meeting is being held. The school staff want your help in writing the IEP, so they will try to find a day, time, and place that is good for you. Some parents choose to participate in the meeting by telephone. If you choose not to participate in the meeting, the school may hold the IEP team meeting without you. Even if you do not participate, you will still receive a copy of the IEP.

Here are some things to keep in mind about the IEP:
•  The IEP is a plan for your child only.
•  There is only one IEP at a time for your child.
•  The IEP describes the services your child will receive from the beginning date to the
ending date of the IEP, which will be for one year or less. A new IEP must be written
for your child at least once every year.
•  The people you and your school invite to the IEP team meeting should have
knowledge or expertise about your child or the technology your child uses. If the school is going to invite someone from any agency other than the school district, you must give your permission. If you are going to invite someone, it would be helpful if you let the school know who you are inviting.
•  When you sign the IEP, it does not mean you agree with it. Your signature on the IEP form means that you attended the IEP team meeting. It does not mean you give your permission for services to begin. You will be asked to sign a different form to give your permission for services to begin for your child.
•  If you do not agree with the IEP, you can write “not in agreement” on the IEP beside your signature.
The team will discuss the following nine items at your child’s IEP team meeting. The decisions will be included in the IEP.

1. Present Levels of Academic Achievement and Functional Performance

The present level statement describes what your child is able to do and what they struggle with in academic subjects and functional skills. It may also include information about how your child behaves or communicates with others. It may identify at what grade level your child is performing. The IEP team needs to know what your child knows and can do when it develops your child’s IEP. The IEP team also needs to know how your child’s disability affects their progress. This information helps determine what your child needs to learn (your child’s annual goals) and what services they need.
Here are some examples of present levels statements:
•  Based on John’s results on the district reading test, John understands what he reads at the third‐grade level.
•  Based on teachers’ and parents’ observations, Mary hits people when she is angry, upset, or needs help.
•  Based on parents’ observations, Eric writes slowly but he enjoys using the computer and does more of his homework when allowed to use the computer.

2. Measurable Annual Goals

Measurable annual goals state what your child needs to learn in order to progress in the general curriculum and to meet other needs related to their disability. These goals are based on the present levels statement. An IEP may contain one or more annual goals. They describe what your child should be able to learn within a year. Annual goals must be measurable. This means that goals should be written so that at the end of the year, the IEP team can tell if your child has learned what was expected. Goals should also be reasonable. The team should not plan too much or too little for your child.
Here are some examples of annual goals:
•  By the end of the year, John will independently read a fourth‐grade textbook and answer comprehension questions with 80 percent accuracy.
•  By the end of the year, Mary will use words instead of hitting when she is angry, upset, or needs help 80 percent of the time.
•  By the end of the year through participating in a keyboarding class, Eric will be able to use a laptop to complete and turn in 95 percent of his homework assignments on time.
For older students, the IEP will include goals related to the student’s transition to life after high school. Additional information about transition planning for students 14 years old or older can be found in the book Transition Planning for Students with Disabilities: A Guide for Families, which is available online or through the BRIC. (Contact information for the BRIC is on the inside of the front cover of this book.)

3. Benchmarks or Short‐Term Objectives

Your child’s IEP may contain benchmarks or short‐term objectives. Benchmarks and short‐ term objectives are only required for students who take the Florida Alternate Assessment (FAA). For other students, they are optional. The IEP team makes the decision about including benchmarks and short‐term objectives.
Benchmarks are major milestones between the present levels of performance and annual goals. Short‐term objectives are similar, but usually cover smaller steps. However, many people use these terms to mean the same thing. Benchmarks and short‐term objectives, like annual goals, should be written to fit your child’s needs.
The IEP should list all the important steps needed to master the goals the IEP team has set, but it is not a daily lesson plan. The benchmarks and short‐term objectives should not be so small that your child could achieve them in a day or two.

4. Description of How Child’s Progress Will Be Measured and Reported to Parents

Throughout the year, you and the school will keep track of how well your child is doing. The IEP must describe how your child’s progress toward their annual goals will be measured and how you will be regularly informed of that progress. It will also describe how often you will receive reports about your child’s progress.

5. ESE Services, Related Services, Supplementary Aids and Services, and Support for Personnel

The IEP describes each ESE service, related service, accommodation or modification, support, or supplementary aid for your child. It may also list the title of the person who will make sure that your child receives each service. Services, aids, and supports are help that your child may need in order to benefit from school. They are devices and services that allow children with disabilities to be educated with children without disabilities as much as possible. Some children do not need any additional services, aids, or supports, while other children need several.
Sometimes the best way to help your child is to help your child’s teachers. Any support that will be provided for your child’s teachers should be listed on the IEP as well.

6. Accommodations

Your child may need changes in teaching or testing in order to make progress and demonstrate what they have learned. The IEP describes these changes. Accommodations are changes to the way a student accesses instructions and demonstrates what they know. Students who need accommodations but not modifications usually work toward a standard diploma. Accommodations are usually tried before considering modifications.
Modifications are changes in what a student is expected to learn. They may include changes to content, requirements, and expected levels of mastery. Modifications may include partially completing a course or program requirement or getting instruction in the access points for students with significant cognitive disabilities. Students who need modifications may not be able to earn a standard high school diploma.

7. Accommodations in the Administration of State‐ and District‐Wide Assessments

The IEP must include a statement about any accommodations that will be made for your child when taking state‐ or district‐wide assessments (tests).
An accommodation to a state‐ or district‐wide assessment should only be requested when used regularly in the classroom setting. If your child is using an accommodation in the classroom that is not allowed for state assessments, you must sign forms that describe the accommodation and tell you which test(s) will not allow its use.
Here are some examples of testing accommodations:
•  An interpreter uses sign language to give the directions for a test to a child who cannot hear.
•  A child takes a three‐hour test in three separate one‐hour sessions rather than in one long session.
•  A child responds to the test questions orally rather than the way other students do, such as with paper and pencil or on a computer.
If the IEP team decides that your child will not take a particular state‐ or district‐wide assessment, the IEP must include an explanation of why that assessment is not appropriate for your child and how your child will be tested instead. This is called an alternate assessment.

8. Florida Alternate Assessment

Federal and state laws require that all students be included in statewide testing. Most students with disabilities take the Florida Comprehensive Assessment Test® (FCAT or FCAT 2.0) along with general education students. A small number of students with significant cognitive disabilities take the Florida Alternate Assessment. The FAA is for students with disabilities who require direct intensive instruction in skills needed for community living, leisure, and vocational activities. Students who take the FAA will work toward a special diploma rather than a standard diploma when they get to high school.
If your child is working toward a special diploma, the IEP team decides which of these assessments your child will take.

9. Placement and the Least Restrictive Environment (LRE)

When Congress first passed the Education for All Handicapped Children Act in 1975 (now the IDEA), the purpose was to make sure all children with disabilities had access to a free appropriate public education. Before that time, states had different laws and not all children with disabilities could attend public schools.
To receive federal funds, a state’s plans must include a promise that a child with a disability will only be removed from a regular classroom if the nature or severity of their disability interferes to such a degree that education, even with additional supports and services, cannot be satisfactorily achieved in a regular class. Students must be placed in the least restrictive environment possible.

The IEP team’s decisions about where your child will be taught are called “placement” decisions. Your child’s placement will be based on your child’s needs. You and the rest of the IEP team will begin by assuming that your child will be taught in the same classroom and school your child would attend if they did not have a disability.
Once the Student has an IEP or ESE plan: The school must follow these rules regarding discipline:

DAYS OF REMOVAL

During the first 10 cumulative days of removal during a school year.

During any removal of less than 11 days in a row that would result in a total of more than 10 cumulative school days in a school year. Beginning on the 11th cumulative school day of removal, educational services must be provided.

During any removal of more than 10 days in a row or  during a removal that is part of a pattern of removals that together comprise more than 10 school days in a given school year and that form a pattern because of the length of each removal, the total amount of time during the school year the student is removed, or the proximity of the removals to one another.

Both of these situations count as changes of placement.

SERVICES

The school does not have to provide services if they do not provide services to students without disabilities who have been removed for similar misconduct.

 

• The school must provide services that the student needs to make progress in the general curriculum and toward their annual goals. School personnel decide which services the student needs.
• The IEP team must meet to develop a plan for carrying out a functional behavior assessment and for developing a behavioral intervention plan (if one has not been done) or to review the existing plan and its implementation and change it as needed.

 

• The school must provide services that the student needs to make progress in the general curriculum and toward their annual goals. The IEP team decides which services the student needs.
• The IEP team must meet to develop a plan for carrying out a functional behavioral assessment and for developing a behavioral intervention plan (if one has not been done) or to review the existing plan and its implementation and change it as needed.
• The IEP team must carry out a manifestation determination review within 10 school days of any decision to change the placement of a student with disabilities because of a violation of a code of student conduct.
• If the misbehavior is not due to the student’s disability, the student may be disciplined in the same way as a student without a disability but the student must continue to receive educational services during the removal.
• If the misbehavior is due to the student’s disability and did not involve weapons, drugs, or serious bodily injury to the student or others, the school may return the student to their current placement or the school may choose to change the child’s placement using the IEP team’s regular change of placement procedures. If there were deficiencies in the IEP or placement, the school must remedy the deficiencies.
• If the misbehavior is due to the student’s disability and involved weapons, drugs, or serious bodily injury, the IEP team determines an interim alternative educational setting.
• If the misbehavior is due to the student’s disability and a hearing officer determines the student may be dangerous to themselves or others, school personnel will recommend an interim alternative placement to a hearing officer, who makes the placement decision

Reasons you think you do not need a Special Education Advocate/Attorney
• Things are good with my school right now
• My spouse is there
• I’m a teacher/in education industry, I know this
• No one will advocate better for my child than I will.
• I cannot afford one.
There might be some others. But let me address those five reasons that many parents think that they do not need a special education advocate.

Why you need an IEP/Special Education Advocate/Attorney
Things are good with my school right now: Of course they are! Things are always good….until they are not. Maybe that “not” will be erected at this meeting. What if it isn’t ok? What if they would have come to the table with the suggestion that they want to move his placement or remove some services? For you folks with high-functioning kiddos, what if at the meeting they state that they believe that your child no longer needs/qualifies for an IEP, so let’s move him to a 504. And there you are, all alone. No moral support. And now the rug has been ripped out from underneath you and your head is swirling and you are struggling to get concise, meaningful thoughts out. What then?
My spouse is there: Not bad, and what most parents do. But, truth be told, I’ve seen way more dads than moms “lose it” at an IEP meeting than moms. And by it, I mean their temper. Moms cry, dads yell. You need someone who can listen and not get emotionally involved at that moment.
I’m a teacher/work in the industry: In IEP meetings, you have to step out of your comfort zone. You have to question college (and Masters/PhD) educated people on their recommendations. Call them out, make them qualify what they are recommending. Some take offense to this. Do you really want this to be the time you have to go face-to-face with a colleague? I wouldn’t.
No one will advocate for my child better than I can: You’re probably right about this. But, lots of people know the IEP process better than we do. Or even if their knowledge base is the same or less, still another set of eyes, ears and ideas. I’ve been really pleasantly surprised by some out of the box thinking and ideas in IEP meetings from people who have little special ed knowledge. Sometimes a new perspective is all that you need to unlock some successes.
I cannot afford one: A very valid concern! Which I will address below, stay tuned.
I take some cases on a reduced fee bases and work with families to keep my fees as low as possible to help as many families as I can.

CALL US TODAY

Phone

321 342 2800

Cell

781 718-6580