How to Access an Individualized Education Program (IEP) for Your Child

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Accessing an Individualized Education Program (IEP) for your child involves several steps to ensure they receive the appropriate services and support they need to succeed in school. Here's a general outline of the process:

  • Initial Concerns and Referral:

    • If you suspect that your child is struggling in school, start by discussing your concerns with their teacher, school counselor, or principal, and send a follow-up email asking for your child to have a comprehensive initial evaluation to assess all areas of concern. 

    • The school may also initiate this process if they identify your child as having academic or social-emotional challenges.

  • Evaluation and Assessment:

    • The school will conduct a comprehensive evaluation of your child's academic, behavioral, and developmental needs. This may involve assessments, observations, and consultations with specialists.

    • You will need to give Prior Written Notice of Informed Parental Consent for the evaluation to take place, but once you have shared your concerns regarding your child’s struggles and have requested an evaluation, the school has to complete the evaluation within 60 days. If the school is not going to move forward with an evaluation,  they have to give you a written response as to why.

  • Eligibility Determination:

    • Based on the evaluation results, a team called an IEP team (which includes you) will determine if your child is eligible for special education services.

    • If your child is found eligible, the IEP team (including you) will develop an Individualized Education Program (IEP).

  • Individualized Education Program (IEP) Development:

    • The IEP team, which includes you as a parent/guardian, will meet to develop the IEP. Your input and expertise regarding your child is critical to the successful development of the IEP. Bring your own input and concerns to this meeting.

    • The IEP is a legally binding document that outlines your child's strengths and areas in need of support, specific learning goals, the special education services they'll receive, and how progress will be measured.

  • Implementing the IEP:

    • Once the IEP is developed and agreed upon, the school will implement the specialized services and accommodations outlined in the plan.

    • Your child's progress will be monitored, and adjustments to the plan may be made as needed but must be updated yearly.

  • Parental Involvement and Advocacy:

    • As a parent/guardian, you have the right to be actively involved in your child's IEP process. Stay informed about your child's progress, attend meetings, and provide input to ensure the IEP remains effective.

  • Parental Procedural Safeguards::

    • If disagreements arise about the IEP or special education services, you have the right to resolve them through various mechanisms, including mediation or due process hearings.

  • Additional Resources:

Supporting parent/guardian involvement - https://www.wrightslaw.com/nltr/19/nl.1008.htm

Information regarding timelines for evaluations - https://webnew.ped.state.nm.us/wp-content/uploads/2023/03/Eval-and-Eligibility-Timeline-Snapshot.pdf

https://webnew.ped.state.nm.us/wp-content/uploads/2023/03/3.15.23-Evaluation-Q-and-A.pdf

Guide for creating an IEP - https://www.autismspeaks.org/tool-kit/guide-individualized-education-programs-iep

More information on the Individuals with Disabilities Education Act (IDEA) - https://www.wrightslaw.com/info/idea.index.htm

Remember, the process may vary slightly depending on your location and school district. It's important to communicate openly with your child's school, ask questions, and advocate for your child's needs to ensure they receive the best possible education and support.

Special Education and Children with Autism

A child who has autism has the same right to special education services as any other child who needs addition support to learn at school. They have the right to be at school with the other children in there neighborhood and to attend the classes they would attend if they did not have autism.

Special education is a term used in the world of public education to describe programs and services designed to meet the individual needs of students with disabilities. These disabilities are often referred to as exceptionalities and I like that term better so that is how I will refer to children who are different learners and need additional support at school.

The primary goal of special education is to provide individualized support and accommodations to help students who need help to access regular education classrooms and curriculum. 

Receiving Special Education services involves developing Individualized Education Programs (IEPs) or 504 plans, which outline the child’s strength and areas in need of support. These individualized programs will also identify specific educational goals and services that child will receive at school, free of charge.

The implementation of special education varies across countries and regions, but the underlying principle remains the same: to ensure that all students, regardless of their abilities, have equal access to a quality education and opportunities to succeed just like every other child.
If you want more information here are two helpful links:

Your Child’s Rights: Autism and School

https://www.autismspeaks.org/autism-school-your-childs-rights

Definitions of Special Education Terms

https://www.wrightslaw.com/links/glossary.sped.legal.htm#google_vignette



Does my child have autism?

So, you have a beautiful, wonderful, exceptionally magnificent child but something feels different and you're concerned about autism. What should you do?

First and foremost, I really support you to trust yourself. You know your kid best. Don't wait - early intervention is critical! 

Support can make a huge difference at any age but getting it as early as possible is the goal and a good place to start is with your pediatrician. Call your pediatrician and make an appointment to talk about your concerns. One of the parents I work with in my private practice gave me a great piece of advice. She recommends parents write their concerns down so they don't forget them under the stress of the doctor's visit.

Now, if your kiddo’s doctor says something like, "Boys are just late bloomers. You're just being paranoid. He's fine!" Don't be tempted to let go of your concerns. Unfortunately, not all pediatricians are knowledgeable about autism and often parents are told not to worry and to just wait it out. In general, this is not a wise approach. Over 80% of parents whose children have autism knew something was going on in the first year of their children's lives!

Hopefully, your pediatrician hears your concern and is prepared to do an autism screening (usually the Modified Checklist for Autism in Toddlers, Revised with Follow-Up (M-CHAT-R). On the other hand, if your doctor doesn't offer to do a screening, I recommend you ask her to complete one. This screening should give you good information as to whether to move forward with further evaluations or start some type of therapy. If you and your doctor complete the autism screening and it confirms that your kiddo does show signs of having autism, further evaluation is recommended. It is important to stress that a positive screening for autism is not a diagnosis of autism. If the autism screening identified your kiddo as showing some characteristics of autism, the next step should be a referral for a thorough evaluation to rule in or rule out a diagnosis of autism.

It is also important to have your pediatrician refer you to your local early intervention agency (for 0-3-year-olds) or public school system (for children over 3) so that you and your kiddo can begin to receive some additional support. All communities are going to have an early intervention program and a public school system. Both of these services are free for any child who qualifies. The quantity and the quality of services provided to children with autism varies a lot but at least basic services are going to be free and are available to everyone.

Sometimes there are excruciatingly long waitlists for evaluations or autism-specific services. However, I am happy to say that in New Mexico, for example, there is a workaround for the evaluation waitlist. That is your pediatrician can give your kiddo an initial diagnosis of autism that will allow you to access needed autism-specific services until a full evaluation can be completed. This is a big deal because it allows your child to get the early support they need and deserve.

Here are the first crucial steps if you are concerned your child may have autism:

  1. Trust yourself and your expertise regarding your kiddo.

  2. Talk about your concerns with your child’s primary care provider (PCP).

  3. Complete an autism screening with the PCP.

  4. Get an initial autism diagnosis if the screening is positive.

  5. Get on the waitlist for a comprehensive autism evaluation.

  6. Get a referral for early intervention or your local public school depending on your kiddo’s age.

  7. Get a referral for autism-specific services such as Applied Behavioral Analysis (ABA), Speech and language (SLP), and Occupational Therapy (OT), and put your kiddo on all the waitlists

If you want more support around the process go to https://www.brightfuturesaei.com/services-1 for a consultation.

Here's to Bright Futures for all children!

#Autism #AutismAdvocacy

Autism: Hard Things and Good Things About a Diagnosis (Copy)

Okay, you are headed for an evaluation to rule out autism...

Maybe you’re thinking, "Is this really happening?

Yes, this is really happening and this is part of the really hard part. The process of realizing your child is having a difficult time and may have autism is different for everyone. This is a personal process that has no time limit, or one “right” way. However, there are some universal emotions that come into play in the search for peace and hope. First, there may be some denial and isolation. Mixed in there might be a bit of anger. There may be some depression, too.

You may ask, “How is a diagnosis going to help any of this??? What good will come out of this?”

The main “good thing” that can come from a diagnosis of autism is that it will provide you with helpful information and will open doors to support for you and your child. Support may include early intervention, educational services, and private therapies. Most of these are free services. You do not have to take advantage of all the services, you can pick and choose. But with an autism diagnosis, the services are there if you want or need them and chances are you are going to need them at some point.

It is a hard road to accepting that you’re child needs help. But, good things do come from an autism diagnosis. Once all the feelings that come with having a child with autism find a place to rest in your heart, a diagnosis of autism brings with it the supports your child needs to flourish and reach her or his highest potential. There is so much the world can offer a child on the autism spectrum. So much that will help him or her have a happy, fulfilling, productive, wonderful life.

My wish is for every family to have the resources they need to reach a place of peace and hope. My wish for every family is they have good information to find their way.

Here's to Bright Futures for all children!

#Autism

Get Autism Services Through NM Centennial Care Before a Diagnosis

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If your child has NM Centennial Care (Medicaid) and is between 12 months and 8 years old, he/she may qualify for autism-specific services before he/she has an autism diagnosis. Take a look at the regulations below and see if your child qualifies. If you have any questions call the number on the back of your child’s insurance card or set up a consultation with me and I will walk you through it. This rule is to help get children to get autism-specific services in place as soon as possible. Early intervention is critical [8.321.2.1 NMAC - N, 1-1-14.

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Response to Intervention (RTI) is Used to Delay Initial Evaluations and IEPs

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It is important that teachers, parents and administrators understand that response to intervention (RTI) cannot legally be used to keep children from receiving an initial evaluation to determine whether or not they qualify for special education services. The following is a link to some additional information regarding RTI.  Wrightslawhttps://www.wrightslaw.com/info/rti.index.htm 

Below is the letter from OSEP that specifically states that RTI may not be used to delay the initial evaluation. An initial evaluation to determine eligibility should no way be contingent on RTI. If a parent is having a hard time getting the initial evaluations to determine eligibility and RTI is being used as an excuse to delay, take this letter to the Special Education Department/Director or reach out to me. The link to the full document is noted below as well.

https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf

https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf

KIPEPEO ECHO AUTISM, KENYA

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KIPEPEO ECHO AUTISM, KENYA

Kipepeo ECHO Autism, Kenya is a collaborative effort to bring best practice autism services to Eastern Africa. It was founded by Trixie Pujol and Zoe Migel and has just finished its 7th session. The response from participants has been amazing. We have participants from Kenya, Uganda, Mozambique, Ghana and Tanzania and the professions involved include: Doctors, nurses, psychologists, special needs teachers, support teachers, occupational therapists, and speech therapists. Thank you to all the people that have made this project a reality and for supporting children with autism and their families around the world!

www.BrightFuturesASD.com

#ECHO #ECHOAUTISM #BrightFuturesASD

Special Education Services in the Summertime

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As summer approaches, there are a few topics that come up. One of the big ones is extended school year (ESY). The criteria most often used to qualify a child for ESY is "documented regression." It should be noted that regression is not identified in IDEA as a criterion for ESY and that New Mexico, or any other state, may not make access to ESY more restrictive than stated in the Individuals with Disabilities Education Act (IDEA). In addition, ESY services need to follow each child's individual education plan (IEP). In my experience, "documented regression" is often the sole criteria used to determine eligibility for ESY and the services in the IEP are often reduced by half during the summer months. Both of these practices are out of compliance with IDEA law. As a result, I would argue that many children in US are not receiving a free and appropriate public education during the summer months. www.BrightFuturesASD.com

IDEA - §300.106 Extended school year services. 

See Wrightslaw: Special Education Law, 2nd Edition page 205.

What is an Educational Diagnosis of Autism?

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Understanding what is meant by the term educational diagnosis is really important. An educational diagnosis of autism should be called an educational determination that a child meets the requirements to fall under the exceptionality of autism; but for the sake of this argument, I will use the term educational diagnosis and discuss how it should and should not be used when determining whether or not a child is eligible for special education services.

First and foremost, an educational diagnosis should only be used when the eligibility determination team (EDT) is trying to make an educational determination as to whether a child falls under the exceptionality/disability of autism according to IDEA (Individuals with Disabilities Education Act). An educational diagnosis should not be used to determine whether or not a child needs specialized education services.

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If the EDT, using the term educational diagnosis of autism, determines that the child falls under the exceptionality of autism, then that child only meets the first of two criteria required to receive special education services under IDEA. See below.

There are two criteria that must be met for a child with autism to receive special education services.

  1. He/she must qualify under the exceptionality/disability of autism as defined by IDEA.

  2. The EDT (which must include the parents) has to agree that the child needs specialized instruction to access her/his educational environment.

It is only when a child meets both these criteria that she/he is then eligible to receive special education services.

Often, in New Mexico, an educational diagnosis is used as the only criteria to determine whether or not a child is eligible to receive special education services. Under this misunderstanding, a child with an educational diagnosis of autism is found to be eligible for special education services and a child who does not have an educational diagnosis is found to be ineligible to receive special educational services. When access to special education is determined in this way it is not following the law as defined in IDEA.

The correct use of an educational diagnosis is only to make an educational determine as to whether a child falls under the exceptionality/disability of autism as defined by IDEA. If the answer is yes, the child falls under the exceptionality/disability of autism, then the EDT team must then decide if the exceptionality/disability of autism is affecting the child's ability to fully access her/his educational environment to the extent that specialized instruction is needed. If the answer is yes, autism is affecting the child's ability to fully access her/his educational environment to the extent that specialized instruction, then (and only then) does the child qualify for special education services.

To sum up, an educational diagnosis can only be used to decide whether or not a child falls under the exceptionality/disability of autism according to IDEA. An educational diagnosis of autism does not infer or determine whether or not a child needs specialized instruction to access her/his educational environment. The EDT must address the question as to whether or not the exceptionality/disability of autism as defined by IDEA is affecting a child’s ability to access his/her educational environment to the extend that specialized instruction is needed separately.

 

Special Education Services must Produce a Prepared Adult

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Special education services are legally required "to ensure that [a child] with [autism has] available to [him or her] a free and appropriate public education (FAPE) that emphasizes special education and related services designed to meet [her or his] unique needs and prepares [him or her] for further education, employment and independent living" and the public school system is required by law to provide such services. This is required by Federal special education law as defined in the Individuals with Disabilities Education Act (IDEA) of 2004, 20 U. S. C. Section 1400 (d). * To accomplish these goals, special education and related services must be defined in a child's Individualized Family Service Plan (IFSP), if he or she is 0-3 years old; or in an Individualized Educational Plan (IEP) if she or he is 3 - 22 years old. If a child with autism is not prepared for "further education, employment and independent living" when he or she leaves high school, then that child's public school system has failed to meet the legal requirements of a special education as outlined in IDEA and it may face legal consequences. If you question whether or not your child is receiving the special education services needed for life after high school please contact me  for consultation or for legal questions contact a special education lawyer in your area.

*Peter Wright, Pamela Wright, Wrightslaw: Special Education Law, 2006, page 48

NOTE: Bright Futures: Autism and Early Intervention has no official or unofficial relationship with Wrightslaw. 

#BrightFuturesASD