Interpretation of IDEA/ESY

[Guest guest]

Michele:

One other thing to think about is definitions and how they are interpreted

by your State or LEA. Recent changes in IDEA legislation has dictated that

communication issues be taken into account when placing a child for

services/education. Our old school district's Special Ed director still

feels that a Deaf School is the " most restrictive " environment for children

with hearing loss. She feels it does not give accessibility to a

" non-disabled peer population " . Our argument is that it is a general deaf

ed setting, and they are accommodating her additional disabilities. By

placing her in a mainstream classroom with a just-beginning-to-learn-ASL

aide (not interpreter)they would have been limiting her communication access

with teachers, peers and staff. How much more " restricting " that would be,

I cannot imagine. At ISD, can talk to anyone she wants - including

the custodian and cafeteria staff! - without having to have an interpreter

with her. It took 3 conference to get the LEA to acquiesce (LEA's term)

to ISD, and that was just for preschool when she turned 3! All the

fuss over a simple " interpretation " of what LRE is.

Our current LEA is wonderful - they conference by phone and actually stay in

the discussion until we are finished! The first conference we had with the

new LEA involved was highly surprising to me - they actually sent someone

who asked questions about , contributed ideas, and made appropriate

suggestions! What a change from our prior LEA!

You can always check out your State's regulations at your State Dept. of

Education website. Or request the entire IDEA document from them. I've had

that in my possession, and it really helped to get our old LEA to write an

IEP for Ken for his ADD at the time. It took showing the LEA representative

the specific paragraph and sub-clause in the IDEA document that permitted

Ken to be placed as Special education and have an IEP. Without that in

hand, the LEA wasn't even going to allow a 504 plan (modifications for

students not meeting special ed requirements). If it is in print, I always

have a copy of something on hand. (My " documents " drive Rick crazy. I have

3 bookshelves full of 3-ring binders...working on taking up the other 2

shelves!)

You might also compare (if you can get them) different LEA's parental rights

document, just to see what types of differences there are in interpreting

things. And even though Aubrie is in a mainstream program, you might want

to check with your State Deaf or Blind school(s) to see what types of

documentation they have in interpretting State regulations. Lots of work,

but worth it many times!

Man, I just can't stop, can I?!? smile

Friends in CHARGE,

Marilyn Ogan

Mom of Ken (15.10 yrs., Aspergers Disorder/ADD) and (12.10 yrs.,

CHARGE+, JRA)

Wife of Rick

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