The Benefits Of An Individualized Education Program
The Individualized Education Program (IEP) document ideally is developed as a collaborative and cooperative effort between parents and school personnel. This guiding document describes a student’s abilities and needs, and prescribes the placement and services designed to meet those unique needs. But IEPs are often challenged, ignored or obstructed by roadblocks, which is why you need a skilled IEP attorney.
At Augustin Egelsee, LLP, in Anaheim Hills, we are lawyers who focus exclusively on special education law in California. Clients come to us, attorneys Danielle Augustin and Edwin Egelsee, from across the area because we have built a reputation for care and compassion in the face of these highly challenging issues. Our over 50 years of combined experience mean we can provide guidance and insight regarding your child’s special education rights.
We Are Here To Help With The IEP Process
For parents new to the IEP process, it can be confusing and overwhelming. You may not be aware of your child’s right to a Free Appropriate Public Education (FAPE) and what supports and services they are entitled to. It can be invaluable to have a knowledgeable attorney by your side, advocating for the well-being of your child.
As special education attorneys, we have reviewed thousands of IEPs, assessments and other educational documents. We use that knowledge to help families overcome the obstacles that children and families encounter. We are determined to advocate for you and your child to ensure that the most appropriate plan is in place.
What You Should Know About IEPs
The IEP is the cornerstone of the Individuals with Disabilities Education Act (IDEA) that sets forth the FAPE for all children, including those with disabilities. We can provide guidance with the following processes:
- Understanding the mandatory components of an IEP: They include how your child’s disability affects their involvement and progress in the curriculum, how the disability affects participation in activities, and the present levels of academic achievement and functional performance.
- Conducting IEP meetings: It is important to record all IEP meetings. Much too often, school districts write one-sided meeting notes on the IEP.
- Formulating an IEP: Parents are active participants in the IEP process. If a school district infringes on a parent’s rights to participate in the IEP process, it may result in the denial of a FAPE to the student with a disability.
- Documenting objections to IEPs: If you disagree on a particular issue, make sure your objections are documented in the IEP notes. You have the right to state your position. However, if the school district does not attach your dissent, indicate that you do not agree with the IEP and that you wanted to attach a dissent but the school administration would not allow you to do so. Then, you may file a complaint with the California Department of Education.
- Guidance regarding what special education supports and services are necessary for your child to receive a FAPE: There are a plethora of special education supports and services that your child may be entitled to under the law in order for them to access their educational curriculum and make meaningful progress.
- Guidance regarding discipline/behavior concerns in school: Students who have an IEP are afforded extra protection under the law. If their behavior is a manifestation of their disability, they cannot be punished using general education standards. Instead, they cannot be punished and disciplined for behaviors that are a direct manifestation of their disability.
Because we have a personal connection with special education law, we will always have a passion for it and will serve as the best advocates for parents and children.
An IEP Or A 504?
Both of these plans are for those with a disability who require additional help and support in the classroom, such as accommodations. The primary differentiating factors between these two educational plans include:
- IEP: IEPs are intended to provide equal access to students with disabilities. It is far more structured and in-depth than a 504 plan, helping a child reach specific and attainable educational goals through specialized services. These services can include, but are not limited to, Specialized Academic Instruction (SAI), speech and language, mental health, occupational therapy, Applied Behavior Analysis (ABA), behavior support services, and physical therapy. An IEP requires documentation of measured growth.
- 504 plan: This plan provides equal access to students with disabilities. It focuses on specific accommodations a student may need to succeed in the classroom such as having extra time to complete a test.
Whether or not a child is entitled to an IEP or 504 is determined by an assessment process, along with a meeting with several required participants, including the parents, school personnel and the child.
Common Learning Disabilities May Still Warrant An IEP
Many people go through life with a learning difference or disability that goes unrecognized and undiagnosed. As a result, too many California residents, whether adults or younger students, believe that they are simply not smart enough to keep up with the educational curriculum. However, in many cases, individuals can receive a chance at realizing their true intelligence and potential by using an IEP after a disability diagnosis.
There are many learning disabilities that are not uncommon but that do not present themselves in obvious ways at first. Some students may simply think they did not understand the material, got confused on tests, chose the wrong answer by mistake or otherwise got mixed up. Though it is not always the case, these mix-ups could point to a learning issue, and if diagnosed, students with the disability may be able to find ways to better understand lessons.
Some common disabilities that often go undiagnosed for some time include:
- Dyslexia, which is a learning disability that affects reading and language skills
- Dyspraxia, which is not specifically a learning disability, can negatively affect a student’s learning abilities because it can cause issues with coordination and fine motor skills
- Dyscalculia, which affects abilities associated with numbers and math
- Dysgraphia, which can affect a person’s ability to write
- Nonverbal learning disabilities, which can relate to a person’s ability to learn visually despite being able to read and write, can affect a person’s social skills, attention span and organizational abilities
Often, students with these or other conditions may feel as if they are falling behind in school. If teachers and parents do not understand that an underlying condition is at play, students may find themselves getting in trouble at school instead of getting the help they need to succeed. If California parents believe that their child has a condition that could affect learning abilities, receiving a diagnosis could help them work toward getting an IEP that could help their child thrive.
Meet With A Skilled Legal Advocate
With experience and compassion, our team at Augustin Egelsee, LLP, in Anaheim Hills, has been a longtime legal advocate for California families that have children with special needs. When you need guidance regarding your child’s IEP, we are ready to help. Please contact us by email or call us at 714-602-1498.