IEP Individualized Education Plan Evergreen San Jose
Our Children’s Rights
The Individuals with Disabilities Education Act (IDEA) requires that “to the maximum extent appropriate, children with
disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” 20 U.S.C. ‘1412(a)(5)(A
What Does This Mean?
We are advocates, NOT attorneys, so rarely quote education code. However, the section of IDEA listed above is key to disabled children’s educational inclusion with regular education students. For all parents, it helps to know and to be able to quote some of the key tenets governing our students’ rights to the least restrictive environment with their typically developing peers.
So What Could Go Wrong?
IEP Individualized Education Plan Evergreen San Jose
There are a number of terms in there that are open to interpretation. What is the “maximum extent appropriate?” What does “…with the use of supplementary aids and services cannot be achieved satisfactorily?” Who gets to decide what that means? What standards or criteria will they use?
Susie and Leigh often give talks to help other parents learn to advocate for their children in IEPs. One of the challenges for all parents is knowing what to say. Some parents tell us it sounds like the school staff is speaking a foreign language. Part of how we recommend parents prepare includes having key parts of the ed code above written down so you can refer to it when you need it.
Inclusion By Air
Often, we attend IEPs where the staff tells us the child is included with their typically developing peers. When we ask for specifics, they proudly tell us “During lunch and recess.” We call this inclusion by air. The student is sharing a large area with typical students. In most cases, there is little or no meaningful inclusion going on.
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As parents, we understand, As experienced and trained advocates, we can help.