Myth: An IEP meeting can’t be held without the parent

Fact:  The school can have an IEP meeting without the parent if they have attempted numerous times and have documented such attempts that they have been unable to convince parent to participate. The are a variety of alternate ways parents can participate if they are unable to be there in person, such as by conference call.  Always responds back to the school and let them know if the date and time suggested does not work.  Then you can work with the school to determine a good time that works for all IEP members.

IDEA Part 300 / D / 300.322 Parent participation. (d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as– (1) Detailed records of telephone calls made or attempted and the results of those calls; (2) Copies of correspondence sent to the parents and any responses received; and (3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

707 KAR 1:320. Individual education program. Section 4. Parent Participation. (6) An ARC meeting may be conducted without a parent in attendance if the LEA is unable to convince the parent that he should attend. The LEA shall have a record of its attempts to arrange a mutually-agreed-on time and place, which may include: (a) Detailed records of telephone calls made or attempted and the results of those calls; (b) Copies of correspondence sent to the parents and any responses received; and (c) Detailed records of visits to the parent’s home or place of employment and the results of those visits.

Myth
It is a myth that KY-SPIN files complaints on school districts with the KY Department of Education.

Fact
KY-SPIN’s role is to help build partnerships with schools and families.  We help educate families on the special education process and dispute resolution.  We help families so that they can help their child.  Even if you are not in agreement with the school it is important to still have a working relationship with them to get an appropriate education for your child.

Myth: Is that Dyslexia is not recognized as a part of the Specific Learning Disability (SLD) category to qualify for Individualized Education Program (IEP) in Kentucky.

Truth: Dyslexia is specifically listed under the Specific Learning Disability (SLD) definition in the Kentucky Administrative Regulations (KAR):

KAR 3:303. (59) “Specific learning disability” or “LD” means a disorder that adversely affects the ability to acquire, comprehend, or apply reading, mathematical, writing, reasoning, listening, or speaking skills to the extent that specially designed instruction is required to benefit from education. The specific learning disability (LD) may include dyslexia, dyscalculia, dysgraphia, developmental aphasia, and perceptual/motor disabilities. The term does not include deficits that are the result of other primary determinant or disabling factors such as vision, hearing, motor Legislative Research Commission PDF Version impairment, mental disability, emotional-behavioral disability, environmental or economic disadvantaged, cultural factors, limited English proficiency, or lack of relevant research-based instruction in the deficit area. (http://www.lrc.ky.gov/kar/707/001/002.pdf)

Kentucky Administrative Regulation regarding SLD eligibility in 707 KAR 1:310. Determination of eligibility (http://www.lrc.ky.gov/kar/707/001/310.pdf)

Kentucky Department of Education (KDE):  Specific Learning Disability Guidance Document. The purpose of this document is to assist schools in conducting appropriate and comprehensive educational evaluations for students suspected of having a specific learning disability (SLD).

KDE: Reference tables used to determine student eligibility under the Specific Learning Disability category. The information is supported by the regulation 707 KAR 1:310 Determination of eligibility.

Myth: A child is too smart for special education

Truth: There are many ways a child may qualify for special education, in fact, children who qualify are among some of the brightest children! For children ages 3-21 there are a variety of categories under Individuals with Disabilities Education improvement Act (IDEA), a federal law, a child may qualify for. There are a number of ways a disability can educationally effect a child. Examples are social/emotional, health, vision, hearing, academics, etc.

If they qualify there will be an Individualized Education Program (IEP) developed to meet their needs. An IEP team will meet which includes the parent and student to develop the IEP. If your child has been diagnosed with a disability or you suspect they have one you can refer them to be evaluated. Follow the steps in our How to Get An Evaluation for Your Child Through School (ages 3-21) Information Sheet. A sample letter requesting evaluation can be found on Requesting an Initial Evaluation for Special Education Services (CPIR).

Myth: Special Education is a place

Truth: Special Education are services and supports through Individualized Education Program (IEP) not a place. Under the Individuals with Disabilities Education Act (IDEA), which calls for IEP for students who qualify, children are to be educated in the Least Restrictive Environment (LRE) with supports and accommodations brought in for that to work before an alternative placement is explored. Placement is not to be determined based on the category of disability a child qualifies under.

Least Restrictive Environment is explained in IDEA as follows:

. . . To the maximum extent appropriate, children with disabilities . . . are educated with children who are nondisabled; and . . . special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [§300.114(a)(2)(i)]

IDEA also requires that the child’s placement:

• is determined at least annually;
• is based on the child’s IEP; and
• is as close as possible to the child’s home. [§300.116(b)]

Click on the graphic from our friends at PEAK Parent Center:

Myth: You can only have 1 ARC/IEP Team Meeting a year

Truth: You can request an Admissions and Release Committee (ARC)/IEP meeting at anytime, but you will at least have one annually to review and update the IEP as needed.

Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations Part 300 / D / 300.324 Development, review, and revision of IEP. (b) Review and revision of IEPs. (1) … the IEP Team– (i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

Kentucky Administrative Regulations (KAR)
707 KAR 1:320. Individual education program. Section 2. ARC Meetings. (6) An LEA shall ensure that the ARC: (a) Reviews each child’s IEP periodically, but no less than annually, to determine whether the annual goals for the child are being achieved;

Myth: The school does not have a set date to have the initial evaluation for Special Education/IEP (ages 3-21) to be completed by.

Truth: In Kentucky, public schools have 60 school days from the date the parent signed the parental consent to evaluate. This is not calendar days, weekends and breaks from school do not count.

If your child attends school on one of our military bases in Kentucky (Fort Knox or Fort Campbell) they are operated by Department of Defense Education Activity (DoDEA). For DoDEA Schools they have 45 school days from the date that you sign the “Parent Permission to Assess” form.

Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations:

Part 300 / D / Sec. 300.301 Initial evaluations. (c) (1) (i) Must be conducted within 60 days of receiving parental consent for the evaluation; or (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and

Kentucky Administrative Regulations (KAR):
707 KAR 1:320. Individual education program. Section 2. ARC Meetings. (3) An LEA shall ensure that within sixty (60) school days following the receipt of the parental consent for an initial evaluation of a child.

Myth: The parent has no options if they do not agree with the school’s evaluation results.

Truth: If the parent is not in agreement with the schools initial and subsequent evaluations in Kentucky they can request through the school an Independent Education Evaluation (IEE) at the public school’s expense.

Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Regulations
Part 300 / E / 300.502 Independent educational evaluation. (b) (1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs (b)(2) through (4) of this section.

Kentucky Administrative Regulations (KAR)
707 KAR 1:340. Procedural safeguards and state complaint procedures. Section 2. Independent Educational Evaluation. (6) A parent shall be entitled to only one (1) independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parents disagree.