IEPs and 504 plans Exist with Remote Schooling Too

IEPs and 504 plans Exist with Remote Schooling Too

While most of the schools in California are using remote learning, it does not mean that Individual Educational Plans (IEP) and 504 plans are obsolete. In fact, due to remote learning and the pandemic many students are experiencing increased problems with learning and need IEPS and 504 plans as a result. Unfortunately I have been contacted by many families who were in the process of having their IEP meetings when the schools shut down suddenly due to the Coronavirus. These families have been contacting the school to finish their child’s IEP, but the district continues to postpone. Additionally, some children who didn’t have difficulties when they were in class are having difficulties with remote learning and increased anxiety due to the Coronavirus. Therefore, parents you are correct when you are asking to have your child’s IEP completed. Legally the school districts must complete a student’s IEP. The pandemic does not allow them to legally abandon IEPs and 504 plans. Also until they finalize the new IEP, the district legally must comply with the existing IEP on file. Furthermore, for parents who have children who need an IEP due to the remote learning or anxiety due to the pandemic, you can still legally request an IEP for your child. Additionally, school districts must comply with the existing IEP guidelines and laws. The pandemic does not allow a school district not to comply with the IEP and 504 laws.

It should be a straight forward process if your child needs an IEP, but many school districts play games with the process because it cost them money. However, they have enough money for IEPs. It comes down to a school districts priorities and how they choose to spend their money. Therefore, don’t be afraid to demand what your child is entitled to.

In order to help you understand how severe the schools play games with the process, here is one family’s experience trying to get their child an IEP and how the school district abused the family. The names have been changed for the family’s privacy. However, this same story happens daily to many families and children. In fact, I have three other families I am currently working with where the school district is doing similar things. Instead of decreasing, it appears the abusive behavior by the school districts is increasing every year. Therefore, parents please read carefully because you never know when you may be facing the same issues.

The story of Tara and her daughter Payton is a common story I have heard many times from families who have children who need an IEP. Prior to the age of 4 years old Payton was diagnosed with a speech and auditory processing difficulties. Payton was behind in her speech developmental milestones and attending preschool to address these issues. However, no one explained to Tara, Payton’s mother, what this diagnosis meant or the prognosis. Neither did anyone explain to Tara about the special education services she was entitled to.

Payton started kindergarten and do to her difficulties she needed to repeat kindergarten. Again, no one explained to Tara, Payton’s mother, how this may impact Payton and they also did not explain any other options, Tara agreed. She was not alarmed because Tara had to repeat kindergarten herself.

However, this started a never ending cycle, where Payton was not meeting the standards for her grade level even when she was receiving Resource Assistance. Tara stated some Resource Teachers were great and others knew very little about auditory processing issues so her daughter received no help.

Tara, watching her daughter struggle, decided to do her own research. She found out more about her daughter’s learning disability and that there was a private school which specialized in this learning disability. Mount Diablo School District continued to lie to Tara as she asked more questions. Also the District went to Payton’s father and lied to him. They told him if Payton’s mother was successfully in getting Payton into the private school, he would have to pay upfront. The District said they would reimburse him later. This is a lie. Also it is not uncommon for the school district to take advantage of a divorce situation and play the parents against each other.

This resulted in a long fight with the school district and in the family court. Payton is in 6th grade and after many years and a great deal of time and money, the fight continues. Mount Diablo School District never looked at the price Payton was paying not receiving the education she is entitled to and having to endure her parents fighting each other in the courts.

This could have been handled very easily if someone was honest with Tara and told her what her daughter was entitled to and if the District followed the legal guidelines. However, they lie to parents all the time hoping parents will give up. If they do, then the District doesn’t need to pay anything and can use the money how they want. Tara was a prime target. A single parent who does not have a lot of time or money. Mount Diablo misjudged Tara, she would not give up on her daughter.

Tara also found out something else parents need to be aware of when dealing with the IEP process. The parent liaisons provided by the district are not there to help the parent or the student. They serve as another way to confuse parents by providing incorrect information to parents. Most parents trust these people believing they are on the student’s side, but they really are there to support the District.

As I said, Tara and Payton’s story is not uncommon. I have worked with many other families who have very similar stories. Also as I stated above, the number of families in these situations are increasing not decreasing. Parents tend to believe school districts have the students best interest at heart. This is how it is suppose to be. However, I have worked with families across the United States and what I have seen is that school districts have their best interest at heart not the students. Tara had a very good way of stating the problem, “the child is the one who struggles for not having their needs met academically”.  How many more parents are out there with struggling students who have been given the same bad information?  I don’t know.  But we need to help them help their child, or these children will be at risk of dropping out and struggling the rest of their lives.  The school district is actually helping create children who are unable to get jobs and will be unable to afford decent housing when they become adults.  And that is a very very scary reality, no one wants to talk about it because it’s not their child who is at risk. However, it could very easily be your child. What do you do then?

Parents need to come together and demand that their children be provided the accommodations they are entitled to. Look up the educational law so you are aware of the appropriate procedure and accommodations. Also do not be embarrassed for standing up for your child’s rights. You are just being a good parent. The school districts need to look at how they are treating children. Also when it comes time to elect the school board, research the candidates and elect those who have a history which demonstrates they truly care about children.

Dr. Michael Rubino is a psychotherapist with over 20 years experience treating teenagers and children. In addition he has over 20 years experience serving as an IEP advocate for families. For more information about Dr. Rubino’s work or private practice visit his websites www.RubinoCounseling.com or www.LucasCenter.org or listen to my podcast Understanding Today’s Teenagers on Spotify and Apple.

Should Schools Reopen in the Middle of a Pandemic?

Should Schools Reopen in the Middle of a Pandemic?

Are we thinking about the safety of our children, school personnel and family members, when we are debating should we or should we not reopen schools in two to four weeks? Currently, the Coronavirus is out of control in Florida, Georgia, Alabama, Texas, Arizona and California. Florida has used all of their ICU beds, in Georgia surgeons don’t have enough masks for surgeons and State officials in Texas, Arizona and California are requesting that their states be shut down and return to shelter in place (CDC, CNN, ABC News). Furthermore, the latest results indicate that people under 40 are the ones who are currently being infected (CDC). In addition to this fact, research does indicate that children can contract the Coronavirus and can die from the Coronavirus. A couple of weeks ago an 11 year old boy, in Florida, died due to the Coronavirus (CDC, CNN).

If the virus is out of control and children can contradict it and die, why are we pushing them to go to the school site, where social distancing is impossible? Additionally, many of these children have parents and grandparents living with them who are at high risks. Therefore, by going to school, they are exposing their families to the Coronavirus. How would a 10 year old boy feel if he brought the virus home and his grandparents caught it and died? It would be devastating to the child. The child could also transmit the virus to his teacher or his teacher’s parents who live with her. Again, if any of them died the little boy would be devastated and emotionally scared for life.

Chris Cuomo interviewed a wife, on his show Prime Time, whose husband was on a ventilator due to the Coronavirus. She had the virus too. They were not sure if her husband would survive. The family contracted the virus because their 21 year old son went to a party. The mother reported that emotionally her son was devastated. He was worrying that by going to his friend’s party, his father might die and he was blaming himself. If a 21 year old young man is having severe emotional difficulties dealing with this situation, how would an eight or 10 year old child handle it?

As a psychotherapist who specializes in treating children and teenagers, I have been asking my patients about how they feel about returning to their classrooms this semester or doing remote learning like they were doing at the end of last year? All the children and teenagers have discussed how it would be nice to return to school so they can see their friends. However, they all are also worried about contracting the Coronavirus and they are concerned about pacing the Coronavirus on to someone in their family. As a result of this fear, all the kids want to do remote learning. Additionally, all the children and teenagers that I work with do not trust the White House to protect them. We forget this is the generation that has grown up with Smartphones. As a result, they have access to news reports and are aware of what is happening in our Country. They also have opinions about the Coronavirus and how it has been handled. They also have opinions about the Black Lives Matter movement and the recent protests that have occurred across the Country.

When the physicians who are experts regarding this virus and public health experts all agree that returning to the classrooms at this time is not safe for the students, their families or for teachers or other school personnel, I think we should listen to them. They said we were reopening the government too fast and look at the mess we are in at this time. As of July 25, 2020, over 145,000 Americans have died and the state of California reported the highest number of people dying in the state today and Florida now has more reported cases than New York at its peak (CDC). This is for today. The numbers in Florida, Texas, Arizona and California continue to rise which means more people will be dying.

Besides medical professionals and educational professionals recommending that we have children do school by remote learning, children and teenagers are requesting remote learning. They are afraid of catching the Coronavirus. Again, the research indicates that children and teenagers do contradict the Coronavirus. When they do they are more at risk to develop a unique complication which is similar to Kawasaki‘s disease. As a result of this fact and other things we do not know about the Coronavirus, children and teenagers can and do die from the Coronavirus (CDC).

The only reason I can see to rush children and teenagers back into classrooms is so President Trump looks like he is doing something about the Coronavirus and being President. If he was serious about protecting our children, he could have started developing a plan to return children to school back in April instead of waiting until two weeks before schools start and then just ordering the children back to school with no safety plans. He also could have urged the public to wear face masks in April and May when that was the recommendation of the medical professionals. Instead, he waited until his poll numbers were so low, he had to do something. Having children return to classrooms is a very serious issue considering how this virus acts and the lack of information we have about the Coronavirus. We would need safety plans for teachers, school staff members, students and families of the students and teachers, if we were serious about children and teenagers returning to the school site safely. With all this happening, what is President Trump doing today? He is playing golf. He is not addressing this serious issue about the schools or any issues associated with the pandemic. Additionally, when the press asked KellyAnn Conway what the President was gong to do about his son Barron, Ms. Conway said it was a private matter between the First Lady and the President and they would be making the decision they felt was in their son’s best interest (ABC, CBS, Fox News, CNN). She never said Barron would be returning to the classroom. Therefore, if the President is not rushing his son back to school, why should your child go back with no firmly established safety procedures.

Given the fact that the White House has failed to take the pandemic seriously and the medical experts are recommending that remote learning is the safest option at this time, I would recommend listening to the medical experts. Additionally, many teachers are stating that it is not safe to return to the classrooms under the current conditions. Finally, the students are saying that they do not feel safe returning to the classrooms and instead they prefer remote learning because it’s safer. I think we owe it to the children and teenagers to listen their concerns and resume this semester via remote learning. In the meantime we need the government to seriously address the pandemic so we can return to normal lives like other countries.

Dr. Michael Rubino is a psychotherapist with over 20 years experience treating children and teenagers. For more information regarding Dr. Rubino’s work visit his website at http://www.RubinoCounseling.com, his Facebook page at http://www.Facebook.com/drrubino3 or his podcasts, Understanding Today’s Teenagers.