|
Question:
My child is non-verbal and has fine motor
deficits. Since she entered the school system the primary IEP goal has
been to develop her ability to communicate using a dynamic display
augmentative communication device. This device will give her the
ability to some day move beyond completely and limited scripted
choices. My child is now 11 years old and in fifth grade, yet no
progress has been made on this goal.
In my opinion, the reason that there has been no progress is that she
does not have her own dynamic display device, either in school or at
home to reinforce what she would learn in school. I have given the
speech therapist information on how school systems can obtain such
devices for short-term loans, but no effort has been made to do so. At
times, she has been given sporadic access to a device belonging to
other children in the class, but this has been rare. She is enrolled
in a POHI class. There has also been a lack of expertise/training for
the speech therapists employed by the school system on using
augmentative communication.
What options do I have to make sure the school system provides her
with the appropriate device and staff training to achieve this goal?
Answer:
First, remember the mantra – if
it is not in writing – it did not happen. Next, if the specific AT
device is in your child's IEP and not being provided, then that is a
complaint issue you can raise with the Washtenaw County ISD Compliance
Officer in a written complaint. If the need for "an AT device" is just
generally mentioned in the IEP you need to call the IEP Team together
for a meeting (in a written request) and ask that the device be
specified by name in the IEP. You can also ask that the IEP include
training time for the child and the staff on the use of the device. If
the Team refuses, you have the same rights (mediation and hearing) as
you do if you disagree with the IEP.
Many times these devices are provided by the ISD, so writing POHI TC
or Speech-Language professional may also help. If it is not clear what
device is needed or too much time has passed you can always request
(in writing) an AT evaluation.
Finally, if your child is capable of progress (as determined by
qualified evaluators) and is not making meaningful progress as
measured over a reasonable period of time, then by definition the IEP
is not designed to provide your child a FAPE. As you likely have
signed the past IEPs in agreement, and if the IEP defined services
were actually provided, a claim for compensatory educational services
for a prior denial of a FAPE may not make sense. However, what does
make sense is to not allow another IEP cycle to pass without standing
firm for the needed changes.
John Brower, JD
Education Law Center, PLLC
Education Law Center, PLLC · 810-227-9850
·
www.michedlawcenter.com
Copyrighted Material - All Rights
Reserved - May Not Be Reproduced Without Written Permission |
