Special Education/ESY

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Question
For the past 2 summer's my grandson has regressed after ESY in OT and regressed last summer in math ( first grade special education)
We have spoken to the school about this but they said they cannot tell us yet who he will have  this summer but they will make sure they have the proper credentials.They have said this in the past. If you regress in ESY is that denying you FRAPE? Can we request him to go to another program? What can we do legally?  M

Answer
Hello, M, and thank you for an important question. Anytime the student is not making sufficient progress, the IEP team must meet to consider why, and put into place interventions to solve the issue. This may be more complicated then assuring the occupational therapist and other providers have the right credentials. It may be that the student requires more intensive evidence-based methods in order to make progress and receive a free appropriate public education, FAPE. While yes of course you have the ability to request a different program altogether, it is likely that evaluations leading to the development of an IEP will need to be assessed and analyzed in terms of whether they are current and comprehensive. Because evaluations are so very important, I cannot over emphasize enough that evaluations must be used in order to determine whether a child has regressed, whether they're making progress, what their needs are, and how it IEP should look. Also, a child in this situation maybe entitled to compensatory education services if the services on the child's IEP were not delivered properly or the child must be compensated for failures in the past. Legally, I cannot comment since I am not an attorney, however I do have a wealth of information about strategies that parents and grandparents can use while navigating the special-education process. If you would like to consider working with me, please email me at ABC4success@msn.com. I have a service called an IEP audit which reveals answers to your questions. Your questions are very important for the FAPE of a child and would need to have analysis of complete records in order to help you. THANK YOU AGAIN SO MUCH FOR CONTACTING ME, AND I WISH YOU ALL THE BEST AS YOU ADVOCATE FOR YOUR GRANDCHILD!

Special Education

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Michelle R. Davis, M. Ed.

Expertise

I can answer questions about disability definitions and criteria for services, the Individuals with Disabilities Education Act 2004, No Child Left Behind, 504 plans, how to craft an IEP that drives the appropriate services, school placement, dispute options, and least restrictive environment. I worked in the public school system as a special educator and am now in private consulting practice where we assist parents as they navigate the special education process. I have expertise in all educational disabilities except blind/visual impairments and deaf/hard of hearing. This includes ADHD and other health impairments, medical conditions, dyslexia and learning disabilities, Autism, emotional disabilities, language processing problems, and interfering behaviors.

Experience

10 years as special educator and administrator in public school system; Director of ABCs for Life Success since 1998; Expert services such as analysis and testimony; Author: Special Needs Advocacy Resource Book: What you can do now to advocate for your exceptional child's education; Special Needs Advocacy Training Institute; internet radio show Teach Your Children Well: Hot Topics in Education; author School Success for Kids with Emotional and Behavioral Disorders released March 2010 (Prufrock Press).

Education/Credentials
Masters in Special Education with Emphasis on Inclusive Education (Johns Hopkins University); B.S.in Special Education (James Madison University); Conduct training for Universities, public and private schools, parent groups. Adjunct professor current George Washington University and prior George Mason University.

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