k12 Education

Ohio Homeschooling Law Changes: What Parents Need to Know

The number of homeschooled students in the United States dramatically rose during the COVID-19 pandemic. This growth largely sustained itself through the 2022-2023 academic school year, cementing homeschooling as America's fastest growing form of education. In 2019, the National Center for Education Statistics reported that there were 1.5 million homeschooled children in the United States. The Washington Post recently estimated that number has risen to somewhere between 1.9 million to 2.7 million children, but there has not been an official federal estimate since 2019 [1].

In October 2023, homeschool law in Ohio experienced a major overhaul due to the signing of House Bill (H.B.) 33 which greatly reduced regulatory hurdles for homeschooling families. [2] So, what does this mean for Ohio students?

Under the new law, “home education” is defined as the “education of a child between the ages of six and eighteen years of age, that is directed by the child’s parent.” Under the previous law, parents/guardians were required to send an initial notification within one week from the child’s withdrawal from school, or no later than the first week of the school year. Now, parents/guardians must notify their superintendent within five calendar days after initially withdrawing from school and on the thirteenth day of August each additional year they chose to homeschool.

The notification must include…

  • The student’s name

  • The student’s address

  • A signature from a parent/guardian

  • An assurance that the home education with include instruction in the following: English language arts, mathematics, science, history, government, and social studies

Once the notification is received, the district superintendent must release the student from compulsory school attendance, and districts cannot request any additional information from the family. In addition, parents/guardians who chose to home educate their students are fully responsible for selecting curriculum and course materials for their children; there is no financial assistance from the state for these families.

Previously, when issuing a notification, parents/guardians were required to also include a syllabus outline as well as course materials. In addition, they were required to assure that their student would be provided with a minimum of 900 hours of home education each school year as well that the home teacher had a high school diploma or other equivalent accreditation. Each year, parents/guardians were also required to submit an assessment or evaluation of an education portfolio to show their students proficiency. These requirements were removed with the passing of H.B. 33.

Parents should also be sure to keep in mind that if they choose to enroll their student in a public school after being homeschooled, they shall be placed in the appropriate grade level, without prejudice and based on the district’s policies [3].

Sources

[1]https://www.washingtonpost.com/education/interactive/2023/homeschooling-growth-data-by-district/

[2]https://www.wfmj.com/story/49600360/new-law-changes-homeschooling-requirements-in-ohio

[3]Am. H. B. No. 33 (135th G.A.)

If you have questions or concerns about homeschooling, please reach out to Abdnour Weiker, LLP at www.Lawyers4Students.com or (614) 475-2001.

2023 Ohio Summer Camp List

Summer camp is a longstanding tradition that provides a unique opportunity for children to embark on exciting adventures, make lasting memories, and develop crucial life skills. Summer camp serves as a chance for children to step outside their comfort zones and discover their independence. These unique experiences provided by summer camps build resilience and prepare children to face challenges with confidence.

We are pleased to provide a compiled list of various summer camps and programs available to children across Ohio.

* - inclusive of children of all abilities/programs may be modified)
** - requires diagnosis to attend
*** - requires diagnosis but is inclusive to typically-developing siblings and peers

Northeast Ohio (including Cleveland, Akron, Canton, and Youngstown)

  1. Akron ArtWorks
    Akron, Ohio
    Type: Art
    Ages: 4-17 years

  2. Akron Rotary Camp**
    Akron, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 6-21 years

  3. Beck Center for the Arts*
    Lakewood, Ohio
    Type: Art, Dance, Theatre
    Ages: 4-18 years

  4. Bellwether Farm Summer Camps
    Wakeman, Ohio
    Grades: 2-12
    Type: Traditional, Religious

  5. Bright Futures Preschool Summer Program*
    Cleveland, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 3-5 years

  6. Camp Cheerful by Achievement Centers for Children*
    Strongsville, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 5 years through Graduation

  7. Camp Cornerstone
    Independence, Ohio
    Type: Specialty (Bereavement)
    Ages: 6-12 years

  8. Camp Curiosity at Great Lakes Science Center
    Cleveland, Ohio
    Type: STEM
    Grades: K-2

  9. Camp Frederick
    Rogers, Ohio
    Type: Traditional
    Grades: K-12

  10. Camp Gilmour at Gilmour Academy
    Gates Mills, Ohio
    Type: Traditional, Academic
    Ages: 3-12 years

  11. Camp Happiness by Catholic Charities Diocese of Cleveland**
    Wickliffe, Ohio
    Type: Traditional
    Ages: 5-21 years

  12. Camp Ho Mita Koda**
    Newbury Township, Ohio
    Type: Traditional, Specialty (Disability Support)
    Grades: K-11

  13. Camp Nuhop**
    Perrysville, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 6-29 years

  14. Cedarbrook Camp of Ohio at Stony Glen
    Madison, Ohio
    Type: Traditional, Religious
    Grades: 1-12

  15. Common Ground Center Summer Camps
    Oberlin, Ohio
    Type: Traditional, Adventure
    Ages: 6-15 years

  16. FACEtime Summer Camp at Cleveland Hearing & Speech Center**

Cleveland, Ohio
Type: Specialty (Disability Support)
Ages: 9-16 years

  1. Falcon Camp
    Carrollton, Ohio
    Type: Traditional
    Ages: 6-16 years

  2. Kids Summer Camp at LifeCenter Plus Health and Fitness Center
    Hudson, Ohio
    Type: Traditional
    Ages: 5-12 years

  3. Red Oak Camp
    Kirtland, Ohio
    Type: Traditional, Horse
    Grades: 1-10

  4. SMILE Summer Camp at Peak Potential Therapy
    Northfield, Ohio
    Type: Traditional, Therapeutic, Specialty (Disability Support)**
    Ages: 6-16 years

  5. Thrive Summer Camp at Therapy & Wellness Connection*
    Brecksville, Ohio
    Type: Traditional, Therapeutic, Specialty (Disability Support)
    Ages: Children of all ages

Central/Southeast Ohio (including Columbus and Athens)

  1. Camp Architecture and Design at Columbus Center for Architecture and Design
    Columbus, Ohio
    Type: STEM
    Grades: 3-8

  2. Camp Echoing Hills***
    Warsaw, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 13-Adulthood

  3. Camp Hamwi by the Central Ohio Diabetes Association**
    Danville, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 3-17

  4. Camp Nuhop**
    Perrysville, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 6-29 years

  5. Camp Oty'Okwa
    South Bloomingville, Ohio
    Type: Traditional, Adventure
    Grades: 2-12

  6. Camp Wyandot
    Westerville and Hocking Hills, Ohio
    Type: Traditional, Adventure
    Grades: K-12

  7. Day Camp and Kindergarten Enrichment at Enchanted Care Learning
    Greater Columbus Area, Ohio (7 locations)
    Type: Traditional
    Ages: K-6

  8. Future Pastry Chef Camps at Our Cupcakery
    Dublin, Ohio
    Type: Specialty (Cooking)
    Ages: 8-14 years

  9. IDEAS Summer Camps for Boys & Girls

    Columbus, Ohio
    Type: Traditional
    Grades: Preschool-8

  10. RAW Camp at Rising Appalachia
    Millfield, Ohio
    Type: Adventure
    Ages: 6-17 years

  11. Recreation Unlimited Camps***
    Ashley, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 5-Adulthood

  12. Summer Camps and Programs at BalletMet
    Columbus, Ohio
    Type: Dance
    Ages: 4-8 years

  13. Summer Challenge Day Camp at Central Community House**
    Columbus, Ohio
    Type: Traditional
    Ages: 5-13 years

  14. Summer Experience at Columbus Academy
    Gahanna, Ohio
    Type: Traditional, Academic
    Grades: Preschool-12

  15. Tennis Ohio at ACEing Autism**
    Columbus, Ohio
    Type: Sports
    Ages: 5-18 years

Southwest Ohio (including Cincinnati and Dayton)

  1. Abrakadoodle Art Camps for Kids
    Greater Cincinnati, Ohio
    Type: Art
    Ages: 3-12 years

  2. Aullwood Summer Earth Adventure
    Dayton, Ohio
    Type: Traditional, Adventure
    Grades: K-6

  3. Camp Ashreinu
    Cincinnati, Ohio
    Type: Traditional
    Ages: 1.5 years-Grade 7

  4. Camp Chabad
    Cincinnati, Ohio
    Type: Traditional, Religious
    Ages: 2 years-Grade 9

  5. Camp-A-Palooza at Kids First Sports Center
    Cincinnati, Ohio
    Type: Traditional
    Grades: K-7

  6. Cincinnati Reds Baseball & Softball Camps
    Various Locations in Central and Southeast, Ohio
    Type: Sports
    Ages: 6-14 years

  7. Cincinnati Shakespeare’s Theatre Summer Camp
    Cincinnati, Ohio
    Type: Theatre
    Grades: 1-12

  8. Dayton Live Creative Academy Summer Camp
    Dayton, Ohio
    Type: Performing Arts
    Grades: Preschool-12

  9. Gorman Heritage Farm’s Summer Day Camp
    Evendale, Ohio
    Type: Specialty (Farm and Animals)
    Ages: 5-13 years

  10. Great Parks Day Camps
    Cincinnati, Ohio
    Type: Traditional
    Ages: 3-15 years

  11. Images of Afrika Summer Camp at Bi-Okoto
    Cincinnati, Ohio
    Type: Traditional, Culture
    Ages: Children of all ages

  12. Museum Camps at the Cincinnati Museum Center
    Cincinnati, Ohio
    Type: Traditional
    Ages: 5-14 years

  13. Ohio Sports Academy Summer Camps
    Springboro, Ohio
    Type: Sports
    Ages: 4-12 years

  14. Saint Ursula Academy (SAU) Summer Academy
    Cincinnati, Ohio
    Type: Traditional
    Grades: 3-8

  15. Summer Art Camp at the Taft Museum of Art
    Cincinnati, Ohio
    Type: Art
    Grades: 1-12

  16. Summer Camps at Best Point Education and Behavioral Health*
    Cincinnati, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 4-25 years

  17. Summer Camps at Green County Parks and Trails
    Xenia, Ohio
    Type: Traditional
    Ages: 3-13 years

  18. Ursuline Academy Summer Camps
    Cincinnati, Ohio
    Type: Traditional
    Grades: 1-9

Northwest Ohio (including Toledo and Sandusky)

  1. Bellweather Farm Summer Camps
    Wakeman, Ohio
    Type: Traditional
    Grades: 2-12

  2. Brightside Academy Ohio’s Summer Camp Adventures for Kids

  3. Capable Kids Summer Program

    Toledo, Ohio
    Type: Traditional, Specialty (Disability Support)
    Ages: 2 years-Grade 5

  4. Courageous Community Services’ Courageous Acres*

    Whitehouse, Ohio
    Type: Traditional
    Ages: 5 years-Adulthood

  5. Happy Camper Camps at St. Ursula Academy

    Ohio
    Type: Traditional
    Grades: K-8

  6. Imagination Station Summer Camp

    Toledo, Ohio
    Type: STEM
    Ages: 6-13 years

  7. Path Finders Camp

    Toledo, Ohio
    Type: Therapeutic, Specialty (Bereavement)
    Ages: 6-15 years

  8. Scap4Art Summer Camp

    Maumee, Ohio
    Type: Art
    Ages: 6-12

  9. Summer Art Camps at the Toledo Museum of Art

    Toledo, Ohio
    Type: Art
    Ages: 6-18 years

  10. Summer Camps at the Notre Dame Academy

    Toledo, Ohio
    Type: Traditional
    Grades: K-9

  11. SummerTime Camp at Maumee Valley Country Day School

    Toledo, Ohio
    Type: Traditional
    Grades: Preschool-12

  12. Wolcott House History Summer Camp

    Maumee, Ohio
    Type: Historical
    Grades: 3-6

Online Summer Camps

  1. Brain Chase: Summer Learning Challenge
    Type: Traditional
    Grades: 2-8

  2. National Computer Camps Virtual Online Camp
    Type: STEM
    Ages: 8-18 years

  3. STEAM Camps at MehtA+ Tutoring
    Type: STEM, Art
    Grades: 5-12

Please note that this list does not capture the endless opportunities for summer programming available to children. For more programs, be sure to check out your local YMCA, Jewish Community Center (JCC), Boys and Girls Club, Brightside Academy Ohio, Salvation Army, Easterseals, Girl Scouts, Boy Scouts, Camp Invention, Code Ninjas, Classroom Antics, Challenge Island, Snapology, college, university, zoo, or recreation center. Have an AWesome summer and stay safe!

Compiled by Renee Stromski, Esq.

Need help with your Special Education matter? Call us: 614-745-2001

Residency: What does it mean to be a resident of a school district for attendance purposes?

In Ohio, all school-age children have the right to attend the public school of the district in which they reside without charge. But what does residence actually mean for a student? This is an important question as the answer determines what public school your child can attend for free.

The general rule is that the residence of a child is the same residence as their parent. While that seems like a simple answer, it is not always that easy to determine residency. Below are a few questions and answers to help provide guidance on what residency means.

Who is considered a “parent”? Because a child’s residence is determined by the residence of their parent, it is important to consider which parent is important here. Generally speaking, a “parent” can be either of the child’s natural or adoptive parents. However, if a child’s parents are divorced or separated, then “parent” means the parent who is the residential parent and legal custodian of the child. If both parents share custody of a child under a shared parenting plan, then both parents could be considered a “parent” for school residency purposes.

Is it possible to have more than one residence? Yes, it is possible for a child to have more than one residence for school attendance purposes. This can happen if a child’s parents reside in more than one school district or when custody is shared under a shared parenting plan. If a child does have more than one residence, the child could attend either school district free of charge.

What does it mean to “reside” somewhere? We know a child’s residency is the same as their parents. But what does it actually mean to reside somewhere? When determining residency, courts look at several factors and a determination is made after considering all of the circumstances. The Court in Kenton Board of Education v. Day stated,

One cannot establish residency merely by purchasing a house or apartment building or even by furnishing such a house or apartment so that it is suitable for the owner’s use. ‘Residence’ involves something more. It must be a place where important family activity takes place during significant parts of each day; a place where the family eats, sleeps, works, relaxes, plays. It must be a place, in short, which can be called a home.

As you can see from the above quote, merely owning property in a district is not enough to establish residency for your child. You must actually live there. 

How will the school district actually know whether I live there or not? If a school district has doubts as to whether you or your child actually reside in the school district, they can:

  • follow your child home from school each day to see where they are going;

  • make several unannounced home visits;

  • request and review copies of the Deed, Lease, utility bills, etc.;

  • request to enter your home to determine if your house is lived in; and

  • once in the home, they can request to look in various rooms and, in the refrigerator, to determine if the home is “lived in.”

Again, if you reside in a school district, your child has the right to attend school in that district free of charge. However, there are several exceptions where a school may allow a non-resident child to attend school in that district for free as well. Here are the most common exceptions:

  • when a child is attending a school through a district’s open enrollment policy;

  • a student’s parent is having a house built in the district (subject to a 90-day time limitation and requiring additional supporting documents);

  • a student’s parent is purchasing a house in the district (subject to a 90-day time limitation and requiring additional supporting documents);

  • a student is admitted as a foreign exchange student;

  • when a student is a child of a district employee; and

  • through a Superintendent’s Agreement.

If you are having issues with your child’s school or if you have questions regarding residency requirements, you can always contact an education-focused attorney to help you.

Written by Jessica Moore, Esq.

Questions? Call us! 614-745-2001

Making the Most of Progress Reports for Special Education Students & Families

It’s that time of year again…the end of the grading period. As many of us know, having lived through it, students receive report cards with their grades at the end of each marking period (typically at the end of each quarter of the school year). At the same time, special education students will be receiving their individualized education plan (“IEP”) progress reports, as these reports must be distributed any time a grade card or interim is issued.  IEP progress reports measure student progress towards meeting their IEP goals. For many parents of students with special needs, receiving their child’s first progress report of the school year can be daunting. Not only is there a lot of information to digest, but the traditional anxiety of wondering whether your child is making progress in their education adds in to create a stressful experience.

Progress reports can be difficult to digest because there is a great deal of information provided within just a few pages. However, each piece of information is important in understanding your child’s success in their educational placement. Progress reports must contain the child’s annual goals, each goal’s objectives, and a summary of the measurable data used to access the student’s progress. Progress, in the form of measurable data, must be reported on each separate objective. For the most accurate representation of the student’s abilities, there should be at least three points of data for each objective. These data points may be called “inventories” on your progress report and tell the parent how the child has performed this marking period. The data point marked as “baseline” indicates where the student started. It is imperative that the child’s baseline data be provided in the progress reports in order to appropriately gauge the student’s progression and/or regression. From there, a parent or guardian can compare the student’s baseline data to their current data to evaluate their progress. It is important to remember to ensure that the measurement being used to monitor the student’s progress is the same measurement that is written in the IEP.

Progress reports must also include comments from the intervention specialist and/or related service provider collecting the data, and a description of the child’s progress toward meeting each goal in measurable terms and in clear, concise language. The comments from the intervention specialist should include the number of times your child was assessed and the manner in which your child was assessed, such as the time of day they were assessed and whether they were assessed in a one-on-one or small group setting. Any specific issues that may have impeded the student’s progress, such as excessive absences or refusal to participate, should be noted in the progress report as well. It is typical to see more information under each objective rather than under the annual goal itself; this is because the student is working toward meeting each objective in order to reach the overall goal. All of this information is provided to the parent in order for the parent to determine whether their child is making adequate progress in their education.

What is adequate progress, anyway? Well, it is unique to each student, given that each student’s IEP goals should be specifically tailored to the child. However, we can utilize the baseline, inventory, and target data to evaluate the student’s performance. For example, a student’s goal may be to decrease time spent demonstrating unexpected negative behaviors for less than fifteen minutes a day. That student may have had a baseline of demonstrating unexpected negative behaviors for 45 minutes a day. We can look at the inventories of measurable data to determine whether the student’s time spent demonstrating unexpected negative behaviors have decreased. At the end of the school year, the student is demonstrating unexpected negative behaviors for 20 minutes each day. The student did not meet their goal but was able to decrease their time by a significant amount, which is considered adequate progress. On the other hand, if that student was demonstrating behaviors for 70 minutes a day at the end of the school year, a movement from the baseline further away from the target, the data is showing regression. Parents should look at their child’s progress on each objective, as well as the overall goal, to determine whether their child is making appropriate progress.

What are the next steps that a parent can take after receiving an unfavorable progress report? Parents always have the right to call an IEP meeting at any time during the school year. If the student is not making adequate progress toward their goals, parents can use the data provided by the school to write new, more appropriate goals for the student. The Individuals with Disability Education Act (IDEA) states that the school must revise an IEP to “address any lack of expected progress toward annual goals.” Alternatively, if the student has regressed, parents can use this data to advocate for extended school year (ESY) services to combat regression of skills.

Although progress reporting periods can be a stressful time for families with students with special needs, parents can be assured that the flexible nature of an IEP will allow them to make necessary adjustments at any time. As a parent, advocating with our emotions can lead to further disputes with the school. However, advocating for your child with solid data can open the door to endless possibilities for appropriate special education services.

Written by Renee Stromski, Esq. of Abdnour Weiker, LLP

Questions? Call us! 614-745-2001

Parents: Three Steps to Take to Minimize the Impact of the Columbus City Schools Labor Strike on Your Children

Parents: Three Steps to Take to Minimize the Impact of the Columbus City Schools Labor Strike on Your Children

On Sunday, August 21, 2022, the members of the Columbus Education Association (“CEA”) voted overwhelmingly to go on strike, the first in the district since 1975. Classes are scheduled to begin on Wednesday, August 24. The Columbus City Schools Board of Education (“BOE”) has adopted an Alternative Opening Plan should the strike continue through the first day of school. 

Here are three important steps to take to minimize the impact to your child: 

  • Send Them to School, Even if it’s Online. The Columbus City Schools BOE has adopted an online learning plan using substitute teachers should the strike continue. Regardless of how you feel about the strike, you should review the Asynchronous Learning Plan in advance. Be sure to look up the schedule and assignments and prepare your child(ren) to attend and complete those assignments when school starts on August 24. Importantly, sending your children to school does not indicate support for either the BOE or the union. Sending your children to school is also not considered “crossing the picket line,” a term that historically applies to employees reporting to work while their fellow union members are on strike. 

  • Make it a Teachable Moment. Everyone retains information better when we experience it. While the strike is an unfortunate reality, you can also use it as an opportunity to explain the nature of the debate, as well as the history of labor strikes in the U.S. This is made much easier with YouTube videos like “The Labor Movement in the United States” and “A Brief History of Labor Unions,” among dozens of other online resources just for students. 

  • Document Missing Services, Especially for Students with Disabilities. If your child receives specialized supports or services through an IEP or 504 Plan, you should record, in detail, exactly what accommodations, supports and services were not provided. The BOE’s obligation to provide an appropriate education to students with disabilities does not go away during a strike or because the curriculum is being delivered online. The BOE should provide access to live substitute therapists, private therapists and/or alternative placements for students who cannot learn or receive services online. Recording this information will help you recover any missed services later, which can be accomplished through an IEP meetingmediation or by filing a written or due process complaint with the Ohio Department of Education. 

Authored by Mark Weiker, Esq. at Abdnour Weiker, LLP

Questions? Call us. 614-745-2001

Homework Helper: Reading and Math Tips

The new school year is upon us and kids are going back to in-person learning. That means that your children will have homework to tackle when they get home. Here are some easy ideas to make homework time less stressful for you and your kids.

  • General Tips

    • Make sure your child has a quiet, well-lit place to do their work.

    • Make sure the materials your child needs (i.e. paper, pencils, dictionary, etc.) are readily available.

    • Establish a set time each day for doing homework and don’t let your child leave homework until just before bedtime.

    • Have a positive attitude toward school and avoid talking negatively about homework.

    • When your child asks for help, provide guidance, not answers.

    • Have your child do the hard work first when they are most alert.

    • Allow your child to take a short break if he or she becomes frustrated but give him or her a set time that schoolwork should resume.

    • If your child has been successful in work completion and is working hard, reward their effort.

  • Reading Tips

    • Have your child read aloud to you every day.

    • Choose a quiet place, free of distractions, for your child to do his or her reading assignments.

    • Ask your child to tell you in his/her own words what happened in the story.

    • Before getting to the end of a story, ask your child what he/she thinks will happen next and why.

    • When your child reads aloud to you and makes a mistake, point out the words that were missed and help him or her read the words correctly.

  • Math Tips

    • If you don’t understand your child’s math assignments, engage in frequent communication with his or her teacher.

    • Follow the progress your child is making in math and check with her/him daily about their math work.

    • Try to be aware of how your child is being taught math, and don’t teach strategies and shortcuts that conflict with the approach the teacher is using. Ask the teacher about online resources that you can use with your child at home.

Remember, it is okay to make changes to your daily schedule if one day is simply an “off day.” If at any point in time you need assistance or need clarification on an assignment, do not hesitate to reach out to your child’s team.

Compensatory Education & Recovery Services

Compensatory Education & Recovery Services: COVID-19 CONSIDERATIONS FOR STUDENTS ON IEPs & 504 Plans

On March 12, 2020, Governor DeWine ordered all of Ohio’s public, community and private K-12 school buildings to be closed due to the ongoing coronavirus health crisis. If a school district closed to prevent the spread of COVID-19 and did not provide educational services to the general student population (whether via in person or virtual instruction), then the district was not required to provide services to students with disabilities during that time period.

However, once schools resumed, the district, to the greatest extent possible, was required to make every effort to provide special education and related services to the child in accordance with their Individualized Education Program (IEP) or 504 Plan.[1] Schools had a lot of flexibility in how to provide these services to students throughout the pandemic, but ultimately, the requirement for schools to provide Free Appropriate Public Education (FAPE) to students receiving special education services was not waived due to the COVID-19 pandemic.

COMPENSATORY SERVICES

Although compensatory services (also called compensatory education or comp ed) are not addressed in the Individuals with Disabilities Education Act (IDEA) or other federal or state regulations, most state education agencies have released guidance surrounding compensatory education as well as the potential for recovery services that may be needed as a result of COVID-19 school closures. Compensatory services are educational services above and beyond what is normally due to a student, resulting from a failure of the school to provide those services under a child’s IEP or 504 Plan. The purpose is to place the student in the position they would have been in if the school had provided the appropriate services, or to “compensate” the student for learning and skills that were lost when special education and related services were not provided. Under compensatory services, there is no obligation to provide a minute-by-minute or day-for-day compensation for the time missed, although sometimes it is determined that missed services will be calculated by minutes or days and made up as an equitable remedy. However, in some cases, comp ed could be more than what was lost depending on the child’s circumstances as each situation should be determined on a case-by-case basis.

Recent case law has established that “whereas ordinary IEPs need only provide ‘some benefit’, compensatory awards must do more – they must compensate.” [2]However, since school building closures were due to a public health emergency, the typical framework used to determine whether or not compensatory services should be provided may not be appropriate under the circumstances, as most school districts did not outright fail to provide FAPE. Rather, they were unable to provide a Free Appropriate Public Education because of state-mandated school closures.

Notably, if the child with a disability was refused services by a school district or did not receive services or instruction during building closures while students in general education were receiving services, then actual compensatory services may be warranted.

RECOVERY SERVICES

As school districts begin to return to normal, most are planning on how best to meet and transition the needs of students who receive special education and related services during such an unprecedented time. Many states have announced recovery services or COVID-19 specific compensatory services, which refer to services determined by the IEP or 504 team needed to remedy a student’s skill regression, behavior loss, and/or lack of progress that resulted from a school district’s inability (not intentional failure) to provide FAPE during an unavoidable closure. Recovery services should be considered only after a period of recoupment is assessed. This occurs when a student receives the services set out in their IEP or 504 Plan for a set period of time once schools reopen, thus allowing them time to “recoup” the lost skills or behavior or to make progress to the level(s) determined appropriate by the IEP or 504 team prior to the extended school closure. If the student continues to show gaps in their learning and skills after this period, they may need additional supports and services to “recover” from the interruptions in the delivery of their services during COVID-19. Recovery services are also not defined in the IDEA but have been increasingly used to describe a school district’s response to the gaps in student learning caused by COVID-19 and the school closures beginning in the 2019-2020 school year. As with compensatory services, recovery services should be based on a child’s individual needs, assessments and progress documentation.

ESY SERVICES

Compensatory and recovery services are not the same as Extended School Year services (ESY). ESY services provide individual instruction and services to a child in order to prevent the severe or considerable loss of skills or learning during time outside of the regular school year. ESY services are not dependent on the appropriateness of services provided in an IEP or 504 Plan, and a child may be entitled to ESY services as well as compensatory or recovery services. These services may look similar in practice and delivery but should be made on an individualized determination based on what is necessary for the child to make meaningful progress in the least restrictive environment.

A child is not automatically entitled to compensatory, recovery or ESY services by virtue of state-wide school closures alone. Parents and guardians of children with disabilities should know the difference between these services to which their child may be entitled. School districts should never pressure families to waive special education services, including compensatory, recovery or ESY services. Families and schools should work together to determine what educational services will be provided based on the individual student’s needs. Ultimately, due to the nature of the shutdown resulting from a global pandemic, education agencies and courts will likely show deference to the emergency determinations made by school officials during this unprecedented time. Parents should regularly communicate with their child’s school and document these conversations about the potential for additional services related to COVID-19.

KEY POINTS/RECAP

  • If a school district intentionally fails to provide FAPE to a child with a disability, they may be entitled to compensatory services.

  • If a child with a disability tends to regress after long break periods, they may be entitled to extended school year services.

  • If a school district was unable to provide special education and related services to a child with a disability during a school closure, and the child has not made progress in their learning after a period of recoupment, they may be entitled to recovery services.

  • A child with a disability is not automatically entitled to these services due to COVID-19 school closures; rather, the determination of services should be made on an individualized basis by the IEP or 504 team.

  • Compensatory, recovery and ESY services can be provided over an extended period of time but should be provided in the least restrictive environment for students receiving special education.

[1] 34 CFR §§ 300.101 and 300.201 (IDEA), and 34 CFR § 104.33 (Section 504)

[2] Reid ex Rel. Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005)

by Lauren A. Sabo, Esq., Abdnour Weiker, LLP

Questions? Contact us at (614) 745-2001

Updates on State Testing for Spring 2021: Ohio School Law

Does my child have to participate in spring testing?

We can all agree that 2020 was a year like we have never experienced before. The educational institutions tried their best to accommodate the changing situation and help support students the best that they could. One of those ways was to forgo the traditional state testing in the spring of 2020. As the new school year began and schools had a better plan in place for how they would educate our children, the state agreed to bring back the mandatory state testing but gave districts a lot of flexibility on when those tests would occur. This spring is no different.

Here are some facts from the Ohio Department of Education regarding the spring testing:

  • Due to technology and test security requirements, there is no option to remotely administer state tests.

  • Districts should prioritize safety while putting forth a good-faith effort to communicate with parents and students about the importance of assessments and the requirement to conduct testing on-site.

  • Testing windows have been extended with many more options for districts to choose from. 

  • No student should be retained for not meeting the promotion score or reading subscore on Ohio’s State Test for grade 3 English language arts unless the child’s principal and reading teacher decide otherwise. Meaning, the Third Grade Reading Guarantee has been changed for the 2020-2021 school year. 

  • Federal and state laws require all districts and schools to test all students in specific grades and courses. There is no law that allows a parent or student to opt out of state testing, and there is no state test opt-out procedure or form. That being said, a parent can withdraw a child from participation in certain state tests, but there may be consequences for the student, the student’s teacher, and the school and district.

    • Districts and schools receive no credit when a student doesn’t participate in state testing. This can negatively impact a district’s state A-F report card grades.

    • Districts and schools cannot count students who do not take all required state tests in their average daily membership (ADM) for state funding.

    • Teachers will not have access to advanced diagnostic information from state tests, such as student growth projections, to help inform instruction.

    • A lack of state test scores can affect a student’s ability to graduate high school.

While I understand why a parent would not want to subject their child to a standardized assessment when the child’s learning has been significantly impacted this year, and mental health is a very serious concern for our kids, the school psychologist in me is telling you to let them take the test. Here is the thing, anxiety over these tests stems from the pressure that children feel to pass the test. That pressure comes from home and school. Take away the pressure and reassure your child that you could care less about their score. And when those scores do come home, put very little stock into what is on that paper. All our children have suffered one way or another this year and their educational progression has likely been impacted.  Be sympathetic to their situation. Listen and reaffirm their feelings. But I urge you not to remove this speedbump because when we are uncomfortable, but push on, we build character and resiliency. Our kids need to be resilient because there will be many moments in their lives when they will want to turn away from what makes them uncomfortable but doing so will stifle their personal growth.

Authored by Danielle Randolph, M.Ed., Ed.S., Special Education Advocate at Abdnour Weiker, LLP

Questions? Call us. 614-745-2001

K-12 Students: 3 Things To Do If You (Or Your Child) Are Suspended or Expelled from School

Unfortunately, it remains the norm for primary and secondary schools throughout the country to use suspension and expulsion as a remedy for bad behavior, despite almost no evidence that removing students from the educational environment works to deter bad behavior or increase academic performance.  

To the contrary, data from the U.S. Department of Education, Office for Civil Rights indicates that even a single suspension increases the likelihood of future misconduct, and can lead to lower graduation rates and increased involvement in the juvenile justice system. So, it is an understatement to say that suspension and expulsion can be disruptive to a student’s education and social progression. 

In Ohio, suspensions and expulsions are allowed under state law. Out-of-school school suspensions may be issued for up to 10 consecutive school days. Expulsions (which, if issued, always follow a suspension) may be issued for up to 80 days for common rules violations, and up to one year for more serious offenses such as bringing a weapon onto school property or making a bomb threat. (Note that Ohio students in grades K-3 may only be suspended or expelled for these more serious offenses.) Permanent exclusion is also a possibility for students who commit very serious criminal acts. Suspensions and expulsions include complete removal of the student from the school environment.

If you or your child are facing suspension or expulsion, you should consider taking these steps to protect yourself and mitigate any negative impact to your or your child’s education:

#1 – Review the Notice Carefully 

You should first receive a Notice of Intent to Suspend/Expel, informing you of the alleged infractions, followed by an actual Notice of Suspension/Expulsion, notifying you that you have been suspended/expelled. Review the alleged infractions in the student handbook and in the school’s policies and compare the definitions for the infractions to what took place. Pay close attention to the appeal deadlines. This is a good time to contact an attorney if you plan to use one. 

#2 – Always Appeal 

You should appeal the suspension/expulsion, even if you’re not sure whether you plan to pursue the appeal. An attorney can appeal for you, but the deadline to appeal can be as short as 2-3 days, so you may need to appeal before you find an attorney. Make sure you submit the appeal in writing in accordance with the instructions on the notice. You are entitled to separate suspension and expulsion appeal hearings (if you are dealing with both), although you may ask to combine them if they would be redundant. An appeal hearing will be scheduled, usually within days. You can always request an extension in order to prepare for the hearing, gather records, obtain counsel, etc. 

The hearing will provide you a chance to explain your side of the story and submit evidence. You may also call witnesses to the hearing, although the process is less formal than court. Obviously, you need to prepare very well for your hearing, highlighting the reasons that you believe suspension/expulsion is not warranted. Your appeal can be withdrawn if you change your mind or determine that the suspension/expulsion is acceptable. 

#3 – Complete All Assignments While You Are Out of School

In Ohio, schools must give students at least 50% credit during an out-of-school suspension. The same is not true for expulsion. Nonetheless, during the pending appeal(s) and through any suspension/expulsion period, complete as much work as you can. Try to stay as current with your assignments as possible. The reasons for this are twofold: (1) this keeps you from falling too far behind academically during the appeal hearings and any imposed suspension/expulsion period, and (2) this indicates to the hearing officer(s) that you are both capable and motivated to continue learning. This can help you in your appeal hearing because you can argue that you are a contributing student who can seamlessly transition right back to the classroom environment. 

We hope you can avoid suspension and expulsion altogether. But, if you find yourself in trouble, taking these three steps will help to mitigate the negative effects of suspension/expulsion.

Written by Mark Weiker, Esq. from Albeit Weiker, LLP; education law attorney focused on student rights & father of two.

If you have questions about school discipline, or need representation, call us at 614-745-2001. 

A Teacher's Guide to Beating First Week Jitters

It’s about that time of year again. The time when the specialty sections of Kroger and Target are stocked with rainbow bins, cartoon backpacks, and discount Crayolas. The time when you frantically fill your calendar with shopping trips, haircuts, and last minute summer fun. That’s right--it’s back to school season!

The bittersweet ending of summer brings up all sorts of questions for parents and students alike. 

What will the new teacher be like? 

What if they can’t figure out the new school building?

Will we have the same issues we had last year? 

Will my kid have any friends? 

Trust me parents, first week jitters are totally normal. Change is hard--especially when it involves your kiddos. Luckily, because of my job, I have learned plenty of ways to help keep yourself, and your kids, calm and help ease this (sometimes painful) transition back into school. 

1. For elementary school learners, spend some time reading stories about transitioning back into school. 

Children’s literature just keeps getting better and better. You can find all sorts of stories that model some of these trickier social situations (like going back to school) and use them as springboards for conversations with your kiddos. 

Here are some of my favorites! 

The Pout Pout Fish and David are both parts of larger series of books, so if your little ones fall in love with the characters, they’ll make for great stories to keep around the house. All of these titles can be found at your local library or on Amazon.

2. Start adding small parts of the school morning routine into your mornings. 

Whether you have a teenager who loves to sleep until 11 or an elementary student who is up at the crack of dawn, transitioning kids into a school routine can seem like a menacing task. Daycare schedules and babysitters are totally different than getting them dressed, fed, and out of the house by 7:30 am. 

Take some time to sit and process. Think about what you want your school morning routine to look like. Do you want them up by a certain time? Will they pack their own lunch or pick out their own clothes this year? What time will they need to be awake? What do you need to do and what do they need to do in order to have somewhat successful mornings?

Once you have your brainstormed list, pick one thing to begin working on now with your kids.  Slowly getting them used to the new routine will help alleviate some of those negative emotions and difficult transitioning that all kiddos go through. When they know what to expect, they will be able to relax (and so will you). 

One thing I love doing for my younger students is providing a visual schedule. Simply designing a little chart with pictures for each step of the morning routine can promote their independence and help reduce a lot of anxiety. I’ve also found visual schedules help with the constant questions like “Mommy, daddy, what’s next? What are we doing? When is breakfast? When are we leaving?” You know the drill. 

Here is an example of a super simple visual schedule you could use with your kids! Remember, these can be changed and personalized to meet the needs of students at all ages. 

3. Attend school open houses/other first week events 

If you’ve had your kids in school for a long time, open houses can feel mundane and boring--even pointless. But even though you know the schools like the back of your hand, your kids may not feel the same way. Meeting the teachers, walking through their schedule, and finding their locker (just to name a few) are all crucial steps for your child to feel comfortable, settled, and ready to take on their first day. 

Open houses are a great time for us teachers to get some ‘face time’ with you as parents to starting building the relationship you’ll need throughout the year. Starting off in a positive, low stress context is a much better foundation than waiting till that first phone call home about behavior. Also, teachers are ready to interact during events like this and have the time for a five or ten minute conversation--trust me, those chances to talk are few and far between during the school day--so take advantage of them now!

4. Figure out school transportation and start on the very first day

I have known so many parents who want their child to ride the bus but, on the first day, drive them to school. Now I know there is nothing that gets those likes like a first day of school picture, but trust me, put them on the bus and drive to school without them. Doing so helps cement their routines down and also helps alleviate any bus anxiety. If mom or dad is waiting at school for them, they will feel much more confident. 

If you have a teenager who will be driving for the first time, encourage them to take a test drive and find out about parking. High school lots can be a little complicated and a lot of schools require student parking passes within the first week. Knowing these answers will help your older child feel ready for their new found independence. 

5. Make the most of your last few weeks of summer 

It might seem counterintuitive, but so much of school readiness is based on what happens at home. These last few weeks are the perfect time to make some more memories with your children. Give yourself permission to have the water balloon fight, make the special treat, or do the messy art project. So much growth happens during the school year and the time right before it all starts is definitely special.

Trust me, when students come into school with a rich history of stories and experiences, it enhances their language and literacy skills. I know how hard it is to balance all the aspects of work and kids, but it will be so worth it. 

I hope you found these helpful and that you are ready to take on the year! 

P.S: if you are wanting to buy anything beyond those silly school supply lists, teachers will literally always request Ziploc bags, tissues, hand sanitizer, and wine ;)

Special thanks to Rachel Dalton, our guest AW Teacher Blogger!

Need Help with IEPs, student discipline defense, or school related issues? Call us: 614-745-2001

Changing Student Records

Parents and Students Have a Right to Request Amendment or Removal of an Education Record

Students ages 18+ and parents of students under age 18 have a right under federal law to request removal or amendment of inaccurate files contained in the student’s education record. The right exists under the Family Educational Rights and Privacy Act (“FERPA”) and it applies to students of all ages (pre-school to Ph.D.) who attend or attended schools that receive federal funding. This includes all public schools and many private schools.

Initial Request to Amend of Remove an Education Record 

If a parent or student believes an education record (including any disciplinary record or special education record) contains information that is inaccurate, misleading, or in violation of the student’s privacy, they must start by requesting that the school remove or amend the record. 34 C.F.R. § 99.20. Although not required, it is best to make the initial request in writing.

Under FERPA, the school must then decide, within a reasonable time, whether or not to amend the record as requested. If it complies with the request, the process ends.

If the school decides not to amend or remove the record as requested, it must notify the parent or student of its decision and also inform the parent or student that they have a right to a hearing on the matter. Id.

Required Hearing and Applicable Rules 

A school must provide a parent or student, on request, a hearing to challenge the content of the student’s education records on the grounds listed above. 34 C.F.R. § 99.21. The hearing must be held within a reasonable time following the request. The school must give the parent or student notice of the date, time, and place, reasonably in advance of the hearing. 34 C.F.R. § 99.22.

The hearing may be conducted by any person, including any school official, who does not have a direct interest in the outcome of the hearing. The school must give the parent or student a full and fair opportunity to present evidence relevant to the request for amendment or removal. The parent or student may be represented by an attorney at their own expense.

Following the hearing, the school must deliver its decision in writing within a reasonable period of time. The decision must be based solely on the evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.

Good Outcome: Written Notice That the File Will be Amended 

If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it must: (1) amend the record accordingly; and (2) inform the parent or student of the amendment in writing. 34 C.F.R. § 99.21.

Bad Outcome: Right of Parent or Student to Place a Statement in the Record 

If, as a result of the hearing, the school decides that the information in the record is not inaccurate, misleading, or otherwise in violation of the student’s privacy, it must inform the parent or student that they may place a statement in the record commenting on the contested information or indicating why they disagree with the decision of the school, or both. Id.

If the parent or student provides a statement and the school places it in the student’s record, the school must: (1) maintain the statement with the contested part of the record for as long as the record itself is maintained; and (2) disclose the statement whenever it discloses the portion of the record to which the statement relates. Id.

What to Do When a School Refuses to Follow the Process

A parent of a student may file a written complaint with the Family Policy Compliance Office of the U.S. Department of Education regarding any alleged violation of FERPA. The Complaint form is available at http://familypolicy.ed.gov/complaint-form.

Questions? Call us! 614-745-2001

Do you have a gifted student?

Suspect a student is gifted?

Parents, students or teachers can refer a potentially gifted child for screening at any grade. Public school districts in Ohio must provide screenings at least twice per year, and must have a procedure for parents to appeal any decision about the results or scheduling of testing, or the placement of a student in a gifted program.Early identification is especially important because the benefits of gifted education are cumulative. Alternatively, gifted students who aren't identified may eventually exhibit behavioral and learning issues in a regular classroom environment. School districts should provide standardized testing, which is a useful method of identifying gifted students.Once a student is identified as gifted, the school's principal or gifted coordinator should be contacted to discuss the next steps, and to develop a Written Education Plan (WEP) for the student.An important caveat to gifted education: All public school districts are required to meet minimum standards for identifying gifted students, but are not required to provide gifted or advanced educational curriculum. This means that some districts offer gifted reading, others gifted science or math, while still others may not offer any gifted programs at all.This means that the gifted child might need to transfer schools in order to receive an advanced curriculum in their area of giftedness. If your child moves schools, you should request that your former district transfer the educational file to the new district. All public districts in Ohio must honor students' gifted identification if it was from another Ohio school. Finally, districts are required to enact a policy for gifted education; be sure to request the policy if anything is unclear.

Students with disabilities

Students with a disability—such as physical disability, mental illness, learning disability such as dyslexia, autism, or Attention Deficit Hyperactive Disorder (ADHD)—may also be gifted. These children are considered "Twice Exceptional."Identifying these students can be challenging because the characteristics and symptoms associated with certain disabilities can overshadow high cognitive ability and/or exceptional aptitude. The new regulations provide increased protection and specialized gifted testing of individuals with disabilities that reflect the student's aptitude or achievement and not their disability.Remember though, by law gifted students with disabilities must receive special education services from their public school to accommodate any special needs, but they are not required to receive gifted instruction.

Gifted academics

The results of gifted screening will determine the areas in which the child exhibits high levels of accomplishment. Gifted instruction can take many forms: a self-contained classroom for gifted students in a particular academic area; a self-contained general education classroom for only gifted students; co-teaching with a general education teacher and a gifted instructor who "pushes in" for specific lessons; push-in services for differentiated learning in the general education classroom; honors courses; International Baccalaureate courses; Advanced Placement courses; grade acceleration; dual enrollment opportunities such as College Credit Plus; and others.Whichever models of gifted instruction a district provides, it is essential that parents stay aware of and involved in their student's learning.The new regulations strengthen the standards for professional development of gifted teachers, and increase the communication between schools and families with gifted students.The Written Education Plan (WEP) must be updated annually, and parents should stay in close contact with their student's gifted teacher to ensure his or her needs are being addressed. A gifted child—when provided with the appropriate services and education—can flourish academically, embrace learning, and expect a future full of opportunity.

The role of an attorney

Gifted students who are not appropriately challenged often have behavioral issues in later school years that can culminate in suspension and expulsion. This can be especially true of those children considered "Twice Exceptional." Although districts are not required to provide gifted instruction, students who are considered "Twice Exceptional" have additional protections.A recent United States Supreme Court case, Endrew F. v. Douglas County School District, rejected a lower court ruling that the standard for educational services for disabled children was to provide "merely more than de minimus" educational benefit.Instead, schools must provide educational services "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." Additionally, "every child should have the chance to meet challenging objectives." The objectives are generally aligned with curriculum for non-disabled children, but that alignment is only a guide, and can be replaced by individual goals specific to each child.Skillful education attorneys can help parents advocate for gifted services based on the individual needs of their disabled, twice exceptional child.

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Ohios-Standards-for-Gifted-Student-Education.aspx

Questions? Call us! 614-745-2001

Educators & Social Media Interactions

Many of you have heard about the teacher fired for her Twitter response to a student's  misspelling of the word tomorrow. See: http://abc6onyourside.com/news/nation-world/experts-defend-school-staffer-fired-after-correcting-students-spelling-on-twitter

While the teacher's response in the article certainly appeared to be more playful than harassing, it does highlight the inherent problem facing educators interacting with students on social media. The first rule and best rule to follow is that educators should not interact with students via social media, text message or alternative messenger apps such as SnapChat or Kik. When the school itself authorizes or instructs its employees to use these platforms to inform students and parents, extreme caution should be exercised.

The real challenge is that social media and messenger platforms are inherently informal. Educators can be lured into making seemingly humorous comments which others (namely parents) would consider rude or disrespectful. This means that posts originally intended to be playful (like the one in the article) are ultimately viewed as harassing. Teachers can easily forget that, notwithstanding the apparent equivalent "user" status they have with students online, they remain in a position of power over students in the real world. This means that comments from a teacher or educator carry more weight than comments made by peers, and can easily be considered an abuse of power. This is often how educators and schools using social media end up in awkward positions.

In addition to discipline or termination of employment, educators also risk license suspension or revocation for improper communications made on social media or by text. Based on recent license suspensions and revocations, it appears that the Ohio Department of Education is taking a tough stance on all questionable or informal electronic communications between students and teachers. For these reasons, it is sage advice for all educators to avoid social media or texting communications with students altogether if possible. If the employer-school authorizes or instructs teachers to use these platforms to communicate with students and/or parents, all communications should be about school business with no exceptions. And never get lured into making a joke at a student's expense.

Remember: in addition to representing students and parents, we counsel teachers and administrators through employment related matters in order to keep quality educators in schools. 

Questions? Call us! 614-745-2001

Dyslexia 101

 

Does your child struggle to read?

  • Does your preschooler have trouble with common nursery rhymes, can’t learn and remember the names of the letters in the alphabet, or have a hard time recognizing common rhyming patters like cat, rat and bat?

  • Does your kindergartener or first grader read “puppy” instead of the written “dog” when looking at an illustration? Does he or she have trouble sounding out words or connecting letters with sounds?

  • If your child is a second grader or up to young adult, does reading come slowly, does he or she avoid it if at all possible?

  • If in high school, is a foreign language almost impossible to learn?

  • For all age groups, does your child have difficulty finding the right words to say, pronounce names and places incorrectly?

 What are your child’s strengths?

  • Does your child have a great imagination, a good understanding of concepts, like to solve puzzles?

  • Does your child have excellent verbal comprehension?

  • Does your high school student have good thinking skills like reasoning and abstraction?

  • Does he or she learn best by doing, or excel in areas not driven by reading?

  • For more clues, please see The Yale Center for Dyslexia and Creativity, http://dyslexia.yale.edu/clues1.html.

If some or all of the above answers are positive, your child may have DYSLEXIA, a very common learning disability. Some experts say up to 80% of all people with learning disabilities have dyslexia.

Here’s the good news:

Dyslexia is treatable. Schools can help.

 What is dyslexia?

Dyslexia has nothing to do with intelligence. People with dyslexia are scientists, architects, authors and more. Go ahead, Google famous people with dyslexia. You’ll find lots of amazing people who have overcome their dyslexia and done incredible things.

You may be thinking that dyslexia is only about reversing letters, and your child doesn’t do that. Dyslexia is now understood to be a disorder of the language system in the brain.

Dyslexia “reflects a deficiency in the processing of the distinctive linguistic units, called phonemes, that make up all spoken and written words.” Shaywitz, S. (1996), Dyslexia: A New Model of the Reading Disorder Emphasizes Defects in the Language-Processing Rather than the Visual System, Scientific American, 275(5) 98.

That means that your child’s brain has trouble decoding words, or breaking words into their distinctive sounds.

Think of your brain like a bunch of paths in the forest. Typical readers can see the word “bed” three times, sound it out and remember it, and the fourth time they see the word, their brain sends a signal from the logic part to the long term memory part that what they are seeing is the word “bed.” The signal travels a distinctive or well-worn neural path from the logic to long-term memory. They’ve got it.

In a dyslexic brain, the neural path from logic to long-term memory is not distinctive or well worn. There may be branches or blocks preventing the signal from going though, or the path may be so lightly drawn that is really isn’t a path. Dyslexic readers will have to see and focus on the word “bed” over four hundred times to have it go to long-term memory!

Researchers at the Yale Center for Dyslexia and Creativity have taken numerous fMRIs of typical and dyslexic brain to show these differences.   Their website is a wonderful resource. Dr. Sally Shaywitz of the Yale Center also has a great book called Overcoming Dyslexia that is well worth reading, and has excellent pictures of the fMRIs.

What can you do?

The brain is most pliable and able to put down new neural pathways in childhood. The time to act is now – delays in reading prevent children from learning and will make them fall further and further behind in school. Teachers call the K-3 grades the “Learning to read” grades, and grades 4 and up “Reading to Learn.”

Dyslexia is not a life sentence!

Dyslexia is treatable. Evidenced-based multisensory programs like Orton Gillingham, Wilson Reading Method or LindaMood Bell are effective at teaching dyslexic students to read and actually lay down the neural pathways that are blocked or missing. The programs are multisensory and intensive, and while they take several years, if done correctly and by qualified teachers, they do work.

First things first: evaluate your child and find out exactly what is wrong.

If your car stops running, you have several options, but just knowing that the car doesn’t start is not enough to determine the problem. Reading problems are the same. You need to know specifically what is wrong so you can know the specific type of education intervention that is necessary.

The first thing you need is an evaluation to determine if your child has dyslexia. You can see a specialist privately, or you can ask your child’s school to evaluate. There are pros and cons to both methods. Private evaluations by qualified professionals can be costly, but if dyslexia is found, they will unequivocally state that your child has dyslexia and needs specific educational methods to address reading deficits.

Did you know that schools have the responsibility to identify children with disabilities?

A federal law called Individuals with Disabilities Education Act or IDEA makes states responsible for finding children with disabilities and then educating them according to their unique needs.   This means that Ohio has the responsibility to search out children with disabilities, from birth through age 21.

If you suspect your child may have dyslexia, you have the right to request an Evaluation from the school.

If the school determines your child has dyslexia, it will implement an Individualized Education Plan (IEP) tailored to his or her needs, and your child will receive the educational services he or she needs to learn how to read. If dyslexia is in your child’s evaluation, schools must use programs or curricula that are evidence-based to address the dyslexia.

 Is it really that easy?

In some enlightened school districts, it really is that easy. Unfortunately, most school districts make it very, very difficult. If you are running into roadblocks, consider hiring an advocate or attorney.

What if the school won’t conduct an evaluation?

At this point in the process, some school tell parents that they are going to try different interventions before evaluating the child. This is often called response to intervention (RTI). RTI sounds reasonable, but legally schools must try these interventions at the same time as they evaluate the child – they can’t unnecessarily delay an evaluation.

 What happens at an evaluation?

An evaluation must be completed within 60 days of getting your consent to evaluate. It must meet certain requirements. For example, an email telling you your child has been given one test and found not to have a disability is not an evaluation as Ohio defines it.   Some of the rules for an acceptable evaluation are:

  • An evaluation should be done on a form called PR-06 (Evaluation Team Report),

  • An evaluation team includes the parents, the child’s teacher, and many other staff from the school district.

  • The team must formally meet to discuss the results of the evaluation,

  • Parents must be given the report so that they can meaningfully participate in the meeting,

  • The school must not use one single assessment to determine if your child has a disability, but use a variety of assessments and strategies, including information from the parents, the classroom teachers, and medical professionals if necessary.

What does the evaluation team decide?

The evaluation team has to decide three things at the meeting:

  1. If the child has a disability

  2. If that disability has an adverse effect on the child’s education, and

  3. If the child needs special education and related services.

Individualized Education Program (IEP)

If the team decides the answer is yes to all three of the above questions, your child will be identified as having a disability, and the school will have 30 days to write an Individualized Education Plan, or IEP. Your child is covered under IDEA and has the right to specialized instruction and accommodations.

This is where is becomes very important to have “dyslexia” in the evaluation, not just “learning disability.” The goals and services of the IEP must be written specifically for your child with dyslexia, and must be tailored to actually provide educational services to address the dyslexia.

What if you disagree with the team’s determination?

Parents are a part of the evaluation team, but the school district makes the ultimate decision. If you disagree with the evaluation results, you are entitled to ask for an Independent Educational Evaluation (IEE) at pubic expense. This is an evaluation done by a non-school related professional. The school may not just deny your request, but must respond in one of two ways:

  1. Grant you the IEE, or

  2. Prove to a hearing officer that their decision was correct.

When should I bring in outside help?

Unfortunately, many schools put up roadblocks for students with dyslexia. District may not evaluate, may evaluate but not be specific enough in the report to find dyslexia, or may offer educational services that are not scientifically tailored to actually help. We have seen IEPS that only look at how fast a child reads, not whether they understand what they are reading. We’ve seen schools deny dyslexia as though it doesn’t exist, or blame behavioral problems on children when the underlying problem is their dyslexia. The school to prison pipeline for struggling readers is tragically all too real.

If your school is putting up roadblocks, consider bringing in a skilled advocate or attorney to help ensure that your child gets the appropriate educational services and accommodations. There is no reason children with dyslexia should struggle to read.

Questions? Call us! 614-745-2001

A Back-to-School Checklist for Parents with Kids in SpecEd

It’s a new year, with new teachers, new classmates, and new things to learn!  To help your child get off to a good start, here’s a to-do list for parents of children in special education:

1. Organize your paperwork.  

Keep a large three ring binder for each school year.  On each document, lightly pencil in the date you received it, especially if you got it in a school meeting.  Include tabs for the following sections:

  • IEP (Individual Education Plan)

  • ETR (Evaluation Team Report)

  • Private reports (include speech, psychologists, physical therapist, medical reports, anything done outside the school)

  • Progress reports (these will be issued by the school at least every 9 weeks, depending on your IEP), report cards

  • Standardized tests, including district and state

  • Communication between you and the school. Print out your emails! Some parents keep a notebook a fill it in whenever they communicate with the school. Be sure to include dates.

  • Discipline and or behavioral documents

  • Receipts for any private services you have paid for, including tutoring, therapy and evaluations

2.  Make the introductions.

Introduce yourself and your child to this year’s teachers and staff.  Your child’s IEP should move up with him or her, but a nice email explaining the issues and highlighting your child’s needs will help busy teachers more quickly understand and be ready to implement the IEP.

3.  Review your child’s IEP.

Has anything changed?  Are the goals still good?  What happened last year?  What happened over the summer?  Track your child’s progress (or lack of progress) and call an IEP meeting if you are concerned the services are not tailored to what your child needs.  As a member of the IEP team, you have the right to call an IEP meeting at any time.

4.  Check the dates for your child’s IEP and ETR.

An ETR is every three years, while the IEP must be updated annually.

5.  Talk to your child about the upcoming year.

Paint a picture of what his or her day will look like, including which teacher or aide they’ll have and where they will be in the school.  Listen to your child as the year progresses. Is he going to speech services weekly?  What happens during the inclusion program?  Does your older student understand the accommodations listed on the IEP or 504?  Can he or she self-advocate for them?

6.  Thank those busy teachers and staff!

For every problem, try to think of something that works well. You’ll get a much better response if you celebrate the good times instead of only focusing on the negatives.

Remember, unless it is written down it didn’t happen!  Keeping the above binder will make your job of advocating for your child much easier, and decrease stress in those difficult IEP meetings.  You are your child’s best advocate!

Questions? Call us! 614-745-2001

School Dress Codes

Public schools in Ohio have a substantial amount of discretion in implementing dress codes in order to maintain a safe learning environment for students. However, this discretion is not unlimited. Courts may consider dress code policies overbroad if the restrictions imposed on students are not necessary to prevent a substantial disruption or not related to the promotion of health and safety.

When implementing dress code policies, public boards of education must also consider students’ rights to free speech under the First Amendment to the United States Constitution. The United States Supreme Court held in 1969 that student speech can be regulated if a school proves it “materially and substantially interfere[s]” in school operations.

Q: Can a public school require students to cut their hair? 

A: In most cases, yes. So long as the school’s policy governing length of hair is necessary for the government of schools and related to some educational purpose, the policy will usually be upheld by the courts. On the federal level, the Sixth Circuit Court of Appeals (covering Ohio) has held that hair length restrictions do not typically infringe on student constitutional rights under the First Amendment (regarding freedom of speech and expression). However, some Ohio courts, including the Ohio Supreme Court, have overturned hair length restrictions that were considered arbitrary or unreasonable.

Q: Can a public school restrict the clothing that students wear? 

A: Yes. Schools are given great latitude in implementing policies governing student clothing. Schools may implement dress codes in order to limit disruptions on campus. Courts have upheld dress codes prohibiting vulgar writing, earrings, body piercings, sagging pants, torn clothing, bare midriffs and other sexually suggestive clothing. Policies that attempt to limit students from wearing gang-related or violence-based clothing are usually upheld where the schools can show the potential for disruption is real.

Q: Are there limits on what clothing public schools can ban? 

A: Yes. As indicated above, schools must be able to show that the risk of disruption is real in order to enforce a dress code prohibition. Students also have freedom of expression and freedom of religion rights under the First Amendment, although schools may weigh these rights against the potential for disruption in school. By way of example, in a 2007 case, the Sixth Circuit Court of Appeals held that a ban on wearing the confederate flag was appropriate where the school had demonstrated that racial tensions existed in the school.

Alternatively, in 2013, the Third Circuit Court of Appeals in Pennsylvania held in favor of students who challenged a school district’s policy banning “I heart boobies” bracelets that the students wore in support of breast cancer awareness. The court held that the school district did not prove that the bracelets were disruptive.

Q: Can a public school require student uniforms? 

A: Yes. Ohio has adopted a statute indicating that schools may require a school uniform to be worn by the students attending one or more district schools, so long as the policy promotes a safe and healthy school setting and enhances the educational environment. The policy must be included in the school’s general code of conduct or discipline policy, be posted in a central location and be made available upon request.

Q: Are there steps that a public school must take to adopt a school uniform? 

A: Yes. The board of education must provide six months notice in advance of requiring uniforms and afford “ample opportunity” for principal, staff, and parents to offer suggestions and comments on the proposed uniforms. The board of education must also include a procedure to assist parents of economically disadvantaged students to obtain uniforms, which may include using school district funds or funds from other sources to provide this assistance.

Q: Can students be disciplined for violations of grooming, dress code or uniform violations? 

A: Yes, so long as the school has adopted a policy that is sufficiently clear on the issue of grooming (e.g. hair length), prohibited clothing or uniforms. Students must always be placed “on notice” in regards to the policies in which they are disciplined.