Special Education Information You Need to Know

We know that some of the following information is not quite useful now with the end of the year approaching, but we still wanted to share the information. None of us know what the upcoming school year will look like, but some of this information might be needed then. 

Prior to making the decision that this is an article that would be useful for the public, I waited and waited for a response from Rita Perez (current Pupil Services Director in charge of Special Education) to questions I had to help my own children, so I can personally navigate their special education needs. Each email seemed to simply delay any answers. Ms. Perez repeatedly wanted to share the answers in a verbal conversation via video conference and she wanted Dr. Dunlap to be in that conference. This led to further delays due to scheduling. Finally, I revealed that I have a learning disability that makes processing verbal information difficult and nearly impossible to take notes to help me process fully after review. Still, Ms. Perez has not answered my questions.

Special Education isn't an easy thing to navigate, even in the most normal of circumstances. Special Education is a complex, constantly evolving piece of education that can also be riddled with liabilities for districts. COVID-19 has complicated the crap out of Special Ed and not just in Coatesville.

Back in March, the district sent out an Act 13 letter regarding special education services. As a parent with two children who have IEP's, I was incredibly confused by this letter. I don't know about you, but when I read anything that has to do with Special Ed, I am always left scratching my head. It is impossible to keep up with all the acronyms, technical and legal language. I just wish someone would STOP for a moment and explain it in a more direct way so that I as a parent can understand.

Act 13 of 2020 mandates that Local Educational Agencies (LEAs) provide a Free Appropriate Public Education (FAPE) to students with disabilities during this time of school closure/virtual learning. Act 13 recognizes that LEAs may not be able to provide all services in the manner that they are typically provided. In instances where services cannot be provided in the manner that they are typically provided, LEAs must ensure that students continue to be provided with FAPE, as appropriate and reasonable for each student’s circumstances.

So, what does this mean for CASD students?

CASD must continue to provide special education and related services in accordance with each student’s Individualized Education Program (IEP) to the extent appropriate/possible in a virtual learning environment. The district issued an Act 13 Notice to families outlining how they plan to meet that requirement. The notice indicated that special education teachers and all related services providers would continue to consult and collaborate with regular education teachers to ensure that content/learning is accessible to all students. In addition, staff would have scheduled office hours (open to students and their families) and continue to provide instruction to students (small group, and/or on an individual basis). In addition, the district would continue to draft IEPs and hold meetings as well as complete evaluations and reevaluations to the degree possible without students present.

So, how does this stack up to neighboring districts?

The truth is that neighboring districts are approaching services/supports very similarly to Coatesville. What does vary by the district is the method by which they have notified families of their continued obligation and plan to provide special education services/supports. While some districts have chosen to issue a letter (similar to Coatesville), others have chosen to issue a Prior Written Notice/Notice of Recommended Educational Placement (PWN/NOREP) for each special education student outlining the adjustments to services necessary during this period of closure.

While some believe that issuing a NOREP is best practice, others feel that it is an unnecessary step that might impact the ability of families to seek compensatory services in the future. The reality is that there is no legal precedent to establish best practices. What is most important is that CASD is ensuring that the needs of our students are being met during this time and that the district is proactively meeting with families when services/supports need to be altered.

CASD Establishing Best Practice

IEPs in CASD have been written for services to be provided in a brick-and-mortar setting, not in a virtual setting. Some services stated in IEPs leave us questioning if the district has properly thought through and planned on how they will best handle situations such as these:

• A child’s IEP states that he/she receives 30 minutes of speech and language services in a small group. In order to not provide this service a change in the IEP would be required and the district would have to issues a NOREP. QUESTIONS: What happens if a parent feels uncomfortable allowing other parents to listen in on those small groups instruction? What is the process if that parent needs to make those changes? How accessible and easy is it to make that change?

• A child’s IEP states that he/she will reach the goal of being off-task only 20% of a class period. QUESTIONS: What does that look like in a remote learning setting without a teacher being able to use approximates, nonverbal cues, etc? It isn’t a practical goal to work towards at this time, shouldn't this too be changed in the IEP?

The truth is that everything has changed. It is very unlikely the district will be able to properly follow an IEP that was designed specifically for a classroom setting. Without issuing NOREPS, there is no way that the district can be consistent. I can't stress this enough... It is so important that our children’s IEPs reflect on our current situation. It’s unnecessary for the District to rewrite the whole IEP, but including a NOREP just to cover this time, and to ensure that you do not forfeit rights to future services, is a sound practice.

You are your child's biggest advocate

If you believe that based on the situation we find ourselves in, a change needs to be discussed and implemented, families have every right to call an IEP meeting at any time to discuss their child’s services. Discussions could center on

• services that were being provided in the school setting and what those services would look like in a home setting with remote instruction
• your child’s personality and deciding with the case manager which services are most appropriate at this time will make for a smoother and more valuable experience for your child and the case managers who are overseeing his/ her services.

It is also reasonable for you to ask the District to help you provide the services that make sense for your child at this unprecedented time. In order for the District to meet the demands of the IEP, the delivery of those services might not be appropriate for your child in a home setting.

The Districts special education teachers have been following directions to hold IEP conferences for renewing IEPS. The requirements above do not fall on them. They need strong leadership and a strong director who is well versed in educational law, supports, and experience in the special education classroom.

As you know, CCAP leaders participate in all school board meetings. We write the school board members, we spoke at meetings, we send emails during the virtual meetings. We hear the teachers' and the community's concerns. We know that special education services are one of the top reasons we've had an exodus of students to charter schools. 

We applaud the District for the commitment to bringing back special education services (specific information included in last week's recap.) This is critical. We also saw that Andy Finkbohner recognizes the importance of a strong leader for special education as he discussed his desire for a restructuring of position to not include special education under the oversight of a Pupil Services Director. (This idea is no longer an option as the majority of board members voted to keep special education as the responsibility of the Pupil Services Director.) We've heard Dr. Dunlap explain that many districts have moved in this direction. We've done our research to see that indeed is the case.

We also noted similarities in the qualifications of many surrounding districts' Pupil Services Directors, but it didn't mean we had to make that decision just because other districts have been doing it.  The fact of the matter is that other districts DON'T have the issues we have with special education.  Special Education was the NUMBER TWO reason people are leaving our district - why wouldn't this still be a priority to our board?

Our district must ensure that our next Director of Pupil Services (especially as this director is responsible for Special Education oversight) have these critical qualifications: 

• Experience as classroom teachers in special education (with Mental and/or Phys Handicapped K-12 Instructional certification)
• Reading Specialist K-12 Instructional certification 
• Supervisory Degrees in Special Education. 

We implore the superintendent to hire and the board of directors to approve a Director of Pupil Services who has the experience, background, and knowledge to improve our Special Education services.

For additional information about regulations, rights, and procedures in special education, please check out the following helpful links:

COVID-19

PDE: School Guidance and FAQs

BSE Guidance on Act 13 of 2020

Providing Services To Children with Disabilities During the Coronavirus Disease 2019 Outbreak

Responding to COVID-19 Guide

Student Privacy Policy Office FERPA & Coronavirus Disease 2019 (COVID-19) Frequently Asked Questions (FAQs)