Iowa - A legal judgment could force Iowa schools to change how they determine which students qualify for special education, potentially allowing thousands of more children to qualify for services, advocates say.
article Mackenzie Ryan for The Des Moines Register | July 21, 2017
Administrative Law Judge Christie J. Scase issued a ruling that requires the Iowa Department of Education to reimburse an Urbandale family for private tutoring costs incurred after their child was denied access to special education programming at school.
The case could have broad implications for Iowa schools.
In her ruling, Scase wrote that the Department of Education should revisit its policies and procedures for determining who qualifies for special education. The state should not use criteria that essentially require a student to be severely behind his or her peers before a disability is recognized, she wrote in the 70-page document.
Potentially, several thousand Iowa students with learning disabilities could qualify for special education services if the department's approach to determining eligibility changes, said Randy Califf, vice president of Decoding Dyslexia Iowa, a parent advocacy group.
"We are hopeful (that any) new rules and procedures will allow for inclusion of children before they fall off the charts, so to speak," he said. "Ideally, processes would take into consideration a student’s capacity to learn as a factor."
The state education department is appealing the case in U.S. District Court and seeking a declaration that its current rules are compliant with federal law.
"Our approach to special education in Iowa has been to not solely focus on labels or diagnoses, but rather on what kids need to succeed in school," said department spokeswoman Staci Hupp.
One family's struggle
The Urbandale family, which is unnamed in court documents, filed a due process complaint against the Iowa Department of Education, the Urbandale school district and Heartland Area Education Agency under the federal Individuals with Disabilities Education Act.
The student, identified only as A.W., enrolled in Urbandale schools in fourth grade after her parents, who previously home-schooled her, grew concerned that she might need special education. A.W. will enter eighth grade in the fall.
The family fought for years to have A.W. qualify for special education services, having her tested multiple times, including an independent evaluation in 2014 that found she may have dyslexia.
But A.W. never qualified for special education, and she did not receive an individualized learning plan, or IEP, despite a University of Iowa Hospitals and Clinics evaluation that "strongly recommend(ed) that an IEP be put in place," according to Scase's March ruling.
IEPs are legal documents under federal disability law that spell out how a special education student will be accommodated, including measurable learning goals. It's created by a team of educators and experts and includes input from the student's parents. It must be reviewed and updated each year.
The judge ordered the department of education to reimburse the family the more than $1,000 spent on private tutoring over a two-year period, as well as legal fees.
The state is seeking a reversal of this award in district court, saying it is "not liable for the errors made by the district and AEA." Its appeal references the judge's finding that the school "district and the AEA violated (federal law) by determining that A.W. was not a child with a disability."
Leaders from Urbandale schools and Heartland AEA issued a joint statement saying they "have chosen not to appeal the decision of the administrative law judge."
"We believe an expeditious resolution would be beneficial for all parties and will continue to advocate our position," the statement said.
Qualifying for special education
It's difficult for Iowa students who are not severely behind their peers — such as in the 10th or 12th percentile academically — to qualify for special education under Iowa's current education procedures, the family's attorney, Curt Sytsma, told the Register.
"Effectively, they've required and set a standard so low that many kids with disabilities would not qualify," he said.
While A.W. was never placed on an IEP, school staff did respond to her academic struggles by providing more intensive instruction, including a summer when a principal tutored her each week, according to court documents.
At one point A.W.'s more intensive school supports were cut back without her parents being notified, which would not have occurred if a disability were recognized and A.W. had an IEP, which affords families certain legal rights.
A.W. received academic services as part of a "multi-tiered system of supports" approach, in which schools identify students who need extra help. In 2013, the state education department rolled out the approach statewide; it encompasses both general and special education students, Hupp said.
To determine whether a student qualifies for special education, Hupp said that Iowa schools consider multiple factors, including how the student responds to education and how his or her performance compares to what is expected in the student's age group or grade.
"This information is considered with other unique characteristics of the individual student to determine whether or not the student has a disability and requires special education services," she said.
Califf said students with learning disabilities "are often doing well enough to not qualify for special education." Yet their learning struggles, without the proper recognition and educational approaches, can "result (in a) disastrous school experience."
His advocacy group, Decoding Dyslexia Iowa, has worked to have dyslexia added into Iowa’s educational laws and rules.
Each year, the Iowa Department of Education releases its Condition of Education report. Here are 7 facts about Iowa schools from its 2016 report. Des Moines Register
article Mackenzie Ryan for The Des Moines Register | July 21, 2017
Administrative Law Judge Christie J. Scase issued a ruling that requires the Iowa Department of Education to reimburse an Urbandale family for private tutoring costs incurred after their child was denied access to special education programming at school.
The case could have broad implications for Iowa schools.
In her ruling, Scase wrote that the Department of Education should revisit its policies and procedures for determining who qualifies for special education. The state should not use criteria that essentially require a student to be severely behind his or her peers before a disability is recognized, she wrote in the 70-page document.
Potentially, several thousand Iowa students with learning disabilities could qualify for special education services if the department's approach to determining eligibility changes, said Randy Califf, vice president of Decoding Dyslexia Iowa, a parent advocacy group.
"We are hopeful (that any) new rules and procedures will allow for inclusion of children before they fall off the charts, so to speak," he said. "Ideally, processes would take into consideration a student’s capacity to learn as a factor."
The state education department is appealing the case in U.S. District Court and seeking a declaration that its current rules are compliant with federal law.
"Our approach to special education in Iowa has been to not solely focus on labels or diagnoses, but rather on what kids need to succeed in school," said department spokeswoman Staci Hupp.
One family's struggle
The Urbandale family, which is unnamed in court documents, filed a due process complaint against the Iowa Department of Education, the Urbandale school district and Heartland Area Education Agency under the federal Individuals with Disabilities Education Act.
The student, identified only as A.W., enrolled in Urbandale schools in fourth grade after her parents, who previously home-schooled her, grew concerned that she might need special education. A.W. will enter eighth grade in the fall.
The family fought for years to have A.W. qualify for special education services, having her tested multiple times, including an independent evaluation in 2014 that found she may have dyslexia.
But A.W. never qualified for special education, and she did not receive an individualized learning plan, or IEP, despite a University of Iowa Hospitals and Clinics evaluation that "strongly recommend(ed) that an IEP be put in place," according to Scase's March ruling.
IEPs are legal documents under federal disability law that spell out how a special education student will be accommodated, including measurable learning goals. It's created by a team of educators and experts and includes input from the student's parents. It must be reviewed and updated each year.
The judge ordered the department of education to reimburse the family the more than $1,000 spent on private tutoring over a two-year period, as well as legal fees.
The state is seeking a reversal of this award in district court, saying it is "not liable for the errors made by the district and AEA." Its appeal references the judge's finding that the school "district and the AEA violated (federal law) by determining that A.W. was not a child with a disability."
Leaders from Urbandale schools and Heartland AEA issued a joint statement saying they "have chosen not to appeal the decision of the administrative law judge."
"We believe an expeditious resolution would be beneficial for all parties and will continue to advocate our position," the statement said.
Qualifying for special education
It's difficult for Iowa students who are not severely behind their peers — such as in the 10th or 12th percentile academically — to qualify for special education under Iowa's current education procedures, the family's attorney, Curt Sytsma, told the Register.
"Effectively, they've required and set a standard so low that many kids with disabilities would not qualify," he said.
While A.W. was never placed on an IEP, school staff did respond to her academic struggles by providing more intensive instruction, including a summer when a principal tutored her each week, according to court documents.
At one point A.W.'s more intensive school supports were cut back without her parents being notified, which would not have occurred if a disability were recognized and A.W. had an IEP, which affords families certain legal rights.
A.W. received academic services as part of a "multi-tiered system of supports" approach, in which schools identify students who need extra help. In 2013, the state education department rolled out the approach statewide; it encompasses both general and special education students, Hupp said.
To determine whether a student qualifies for special education, Hupp said that Iowa schools consider multiple factors, including how the student responds to education and how his or her performance compares to what is expected in the student's age group or grade.
"This information is considered with other unique characteristics of the individual student to determine whether or not the student has a disability and requires special education services," she said.
Califf said students with learning disabilities "are often doing well enough to not qualify for special education." Yet their learning struggles, without the proper recognition and educational approaches, can "result (in a) disastrous school experience."
His advocacy group, Decoding Dyslexia Iowa, has worked to have dyslexia added into Iowa’s educational laws and rules.
http://www.desmoinesregister.com/story/news/education/2017/07/19/judge-rules-iowa-department-education-must-reimburse-urbandale-family-private-tutoring/465444001/
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