Know Your Basic Rights to Advocate for Your Child

This past weekend I spoke at an Education Law Symposium in Hanover, MA. The topics included: Knowing your Basic Rights, The Distinction Between 504 and IDEA, and Basic Advocacy Tips in the Context of Education Law. The conference was a tremendous success and I will be speaking again November 15th in Cambridge, MA on behalf of the Federation for Children with Special Needs. http://fcsn.org/

Show Me the Circle Time

 

Early intervention or EI refers to a program under part C of the federal education law. The federal regulations are located at 34 CFR part 303. Massachusetts has operational standards which govern procedures for early intervention.

A parent should not think of this as “the child is behind” or that there is anything “wrong” with their child.  But rather, the goal is to get to “circle time”, one of those first early structured social times for children, whether it be preschool or kindergarten).  For those of you who don’t remember or for those of you whose kindergarten memories are a little foggy, circle time is the first experience of a group organized activity where each child must regulate his or her own behavior.  Participation in circle time is an essential mile stone for kindergarteners. The criteria for EI services is a perceived delay/concern/issue that impacts educational and functional performance and it is believed that the child would benefit from services through the school system at the age of 3 years.

Despite the obvious Jerry Maguire reference, this is a serious topic in need of discussion.  For those who haven’t seen Jerry Maguire, you should do so at the conclusion of this blog.

It is the EI coordinator, physician or parent who first identifies the child for early intervention services.  The Massachusetts Department of Health has an obligation to identify those who may be in need of early intervention services. These services can include socialization, play therapy, home-based services, behavioral services and many others.  It should be noted that the home-based services can feel invasive and overly-critical to some parents.  It’s important to remember the professionals are there to help guide you and your child and to stay focused on the ultimate goal: your child’s first day of kindergarten. During the administration of said services, the parent and educational professionals work closely together to achieve developmental/educational milestones. The developmental milestones are important particularly in the preschool years when effective progress is measured more by the developmental milestones versus the academics which kindergarten curriculum frameworks begin to cover.

An educational milestones is completing a discrete task within a curriculum framework, i.e., learning how to read a complex short story, whereas a developmental milestone refers to checkpoint in a child's development to determine what the average child is able to do at a particular age. If you are unsure where your child is falling on the spectrum of child development, ask a trusted friend or physician for support and guidance.  It is important to trust yourself and your parental instinct during this very confusing time as mothers and fathers know best.  Be wary of taking too much advice or reading too much on the internet as you will drive yourself crazy.

It is important to know that early intervention only applies from the ages of 0 to 3 years old. Similar to a “choose your own adventure” novel, be prepared for the services to end as your child may not qualify for special education services unless he or she is eligible. At the conclusion of early intervention, there will be a transition meeting where your child will transition out of early intervention and into the general education classroom or your child will transition into special education. Not all kids will qualify for special education services and not all kids who qualify for special education services will actually qualify for a preschool program. Pay attention to birthdays and dates of birth because they are the triggers as to when services stop and start. By that, I mean be aware of the school calendar and when the school calendar age cut off is for services. Be ready to have all your medical documentation lined up if you are need of services but remember, the school district has the right to conduct their own evaluations when determining eligibility. I would suggest taking notes or keeping a journal so you can accurately measure your child’s progress, particularly if he or she behaves differently during different periods in the day when they are not at the early intervention center.

If you believe that your child is entitled to special education services, you will need to begin getting your documentation early to make your case to the school system as to why your child is entitled to special education services.  Special education falls within a different part of the law (part C) and is an entirely different test. Rather than being proactive as early intervention it is reactive to a diagnosis and educates accordingly to the child’s needs.

Early intervention is overseen by the Massachusetts Department of Public Health.  If you believe your child is entitled to early intervention services and has been denied services, more information can be found here:

            http://www.eiplp.org/documents/MDPH_Family_Rights_Notice.pdf

As you are driving around town seeing all the school buses and kids with the new backpacks, remember that your ultimate goal is to get your child prepared for kindergarten so that his or her first day of school is a positive experience for all.

Welcome!

This blog intends to provide parents with resources for their special needs child; information equals power.  This blog will provide you with such power from both a professional and personal perspective.  I myself am in a wheelchair.  Being diagnosed with cerebral palsy from birth, as well as being a lawyer, I understand the struggle for access to education from a uniquely personal and professional standpoint.  I understand what it means not to be included in school activities.  I understand what it means to engage in transition planning.  I understand the challenges of what is and what is not a reasonable accommodation.  From my personal and professional experience I can provide real-world solutions to very difficult problems.

I grew up in Easton, Massachusetts and attended Oliver Ames High School as a mainstream student with an academic aide in the classroom. Following high school, I then went on to Boston College and Boston College Law School.  While at Boston College.  I also participated in extracurricular activities including being a member of the varsity swim team and developing a campus access plan.  Additionally, during one of my summers as an undergrad, I worked in the Massachusetts Office on Disabilities. After attending Boston College Law School I worked for the Federal Bureau of Investigation (FBI) for two years.  Now I am a solo practitioner seeking to provide families who are confronted with the challenges of having children with special needs information and resources so that they may navigate through the school system and obtain the free and appropriate public education to which they are entitled, regardless of any disability.  I've recently been placed on the Board of Special Education appeals referral list and am the first individual to be placed on this list.  This means that I can represent families in front of the Board to advocate for your child’s rights in the school setting to the best of my abilities. I look forward to serving those in need using my personal and professional experiences to be an effective advocate.

Charitable service is at the core of my life.  I'm involved with Easter Seals, whose mission is to allow children and adults with disabilities to “live, learn, work and play".  As part of Easter Seals I participate in the adaptive technology loan committee providing low-cost loans to individuals who may need assistive technology. Assistive technologies are the means by which someone with a disability would be able to operate a computer, be able to drive a van or turn on a light switch if they were unable to do so.  I'm writing this blog with Dragon Naturally Speaking software, one of these adaptive technologies.  I also use a screen reader as I am visually impaired.  I only share these pieces of information to let you know that I understand your child's struggles.  Blog posts in the future will discuss various educational topics including: the new bullying statute in Massachusetts, information about what constitutes a disability, and what exactly is a free and appropriate education.  I look forward to being an informational resource to parents in need; please visit http://www.bmjrlaw.com/ for more information about me and my services. I offer solutions to parents by visiting with them in a one on one setting to help them overcome challenges they may be facing.