Lisa Lightner

Just 6 weeks ago, I was interviewed about this class action lawsuit by the Inquirer, regarding aging out of school at 21 or 22. Last night, I received an update from the Public Interest Law Center. Hi Lisa, Exciting news! Our lawsuit challenging Pennsylvania’s IDEA age out policy has settled. As part of the settlement, PDE has changed its policy to allow eligible students to receive a FAPE until their 22nd birthdays. The policy also applies to students who aged out at the end of the 2022-23 school year under the old policy. Depending on the circumstances, these students may now be eligible to re-enroll until their 22nd birthdays. As part of the settlement agreement, PDE is contacting all student and families who may be eligible to return to school until their 22nd birthdays with this letter (attached). PDE also issued this notice (attached) to all LEAs, IUs, and Charter Schools, as well as this guidance. Please spread the word about this to your networks ASAP! This is time sensitive with the start of the school year almost here! If a student wants to re-enroll, they should contact their LEA. If they encounter issues, PDE has provided the following email to contact: RA-PDESPECIALED@pa.gov. Thanks again for your help raising awareness about this issue! Policy Change: https://www.education.pa.gov/Pages/IDEABFAQ.aspx.. Letter: https://www.education.pa.gov/Documents/K-12/Special%20Education/IDEIA-IDEA/Age%20of%20Eligibility%20Policy%20Notification%20Letter.pdf.. Original article: https://www.inquirer.com/news/age-out-policy-special-education-dept-of-education-lower-merion-20230712.html..

OMG! They actually said it out loud.....good grief! Your gut instinct is correct. While I often say "nothing surprises me anymore" I am surprised. I can't believe that a software company would even sell such a product....nor that any district would spend money on it. If your child's individualized accommodations and supports are not listed on the IEP, a parent letter of concern/rebuttal to their offer is warranted. And I would include a sentence like "I am surprised that my school district would spend resources on a product that blatantly disallows the main cornerstone of IDEA--individualized." And something to the affect of "I'm am sorry that your software does not permit you to include my son's individualized components to his IEP, however, IDEA does not." And keep that email lol! So here it is: https://sites.ed.gov/idea/topic-areas/#IEP The cornerstone of the IDEA is the entitlement of each eligible child with a disability to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepare the child for further education, employment, and independent living. 20 U.S.C. §1400(d)(1)(A). Under the IDEA, the primary vehicle for providing FAPE is through an appropriately developed IEP that is based on the individual needs of the child. An IEP must take into account a child’s present levels of academic achievement and functional performance, and the impact of that child’s disability on his or her involvement and progress in the general education curriculum. IEP goals must be aligned with grade-level content standards for all children with disabilities.

Ok, I'm still puzzled as to why you're trying to prepare and predict what the school is going to say. Have your documentation. Have a strong case for a 1:1 going in. Have a strong case for an inclusion setting and a path to a regular diploma with the right supports. We cannot, nor is it useful in my opinion, to try to predict what schools are going to say and prepare for every counter-argument. Flip your perspective on having a strong positive argument for what you're asking for. Offense, not defense, if that makes sense.

There are tips in here on how to make sure that a para on an IEP is meaningful. (I see too many just there as babysitters) https://adayinourshoes.com/one-on-one-aide-paraprofessional-iep-special-education/

I understand that many feel this way. However, this assumes that nothing is gained by the "peer tutor." Which is not the case, according to data. Everyone benefits from this, based on research done. Not just the disabled kiddos.

If there was no preschool IEP, then she's at the very beginning. Steps in here: https://adayinourshoes.com/how-to-get-iep/

Yes, this. At this point, at the very least, you have one year of services that she hasn't been receiving. I'd been speaking with an attorney by now, because it sounds like you're owed some comp services.

I have the snippets about moving and IDEA in here: https://adayinourshoes.com/iep-moving-advice/

With anything you ask for on an IEP, it's always the "is this the hill I'm going to die on?" Schools can, and often do, say no. Then you have to decide if you have the data and documentation to proceed further. Or, just take care of this issue privately at your own expense. Every family has different things to consider. Here is more information on dysgraphia from one of our OT contributors who specializes in it. Link to buy her book on it is in the post I think: https://adayinourshoes.com/dysgraphia/

Supports and services should be tailored to the student, and not vary by state. I know that's not what always happens. Here are some things to look out for: https://adayinourshoes.com/middle-high-school-iep/

And check out my accommodations list. A 504 is only accommodations. https://adayinourshoes.com/iep-504-accommodations-strategies/

Like with most stuff for our kids, it's a good thing when done well. The problem is that it's either misunderstood or not implemented well. https://adayinourshoes.com/universal-design-for-learning/

Adding anything to an IEP, it's the same process. Demonstrate need, add a goal, then supports and services.

Yardley, Bucks or Montco? I stick to my side of the city, usually Chester, Delaware, Lancaster and Berks counties. And into DE and MD. Honestly, I've heard great success stories from the "worst" districts and have had absolute nightmare situations with clients in the "best" districts and everything in between. I would look online at the ODR site and see how many due process cases they have and what they look like, for starters. But nothing is a guarantee. https://adayinourshoes.com/move-iep-friendly-school-district/

No, you're going to have to read Section 504 of the Rehabilitation Act, and get wording from there.

You're going to have to demonstrate that ABA is FAPE for him. The fact that the clinic is within district boundaries is convenient, but not a slam dunk as far as getting the district to provide these services and transport him. Whatever the child's needs are--you're going to need documentation to prove that what you're asking for is FAPE for this child, and what the district is offering is not FAPE for this child. I don't mean to oversimplify it--but that is what has to happen here. Have you taken my training? Because I go over the 4 steps that I use. https://adayinourshoes.heightsplatform.com/courses/dont-iep-alone/preview

I think there are still varying opinions. I would ask your child what they think might be helpful. Not everyone wants help from a peer.

If it's too noisy for her, that is the angle that I would pursue. Recess is supposed to be downtime, even if the child is active. But if the noise level aggravates her rather than giving her a recharge, she needs a quiet place to be to increase and recharge her endurance for the second half of the day.

I'm not sure I understand your question. I don't understand the connection between a 1:1 and graduating kindergarten. Have you read this: https://adayinourshoes.com/one-on-one-aide-paraprofessional-iep-special-education/

There is a difference between placement and location. They can change location without your permission or even notice. They cannot change placement without a PWN.

Any updates?

Glad it worked out!

Reach out to your state's parent training center and your P&A agency, make them aware of this.

Thanks, we're going to look into this. I saw this in my fb feed a few times and couldn't go back and find it, so I really appreciate you putting it here.

I've seen it done, but it's also a hurdle to cross with the district. Your district likely has a BCBA and other behavioral staff. Egos get involved, and the schools often don't like outside people coming in and doing things differently. Or, the school is then admitting that your child needs these services, and they don't want to provide them. Most importantly--almost all negative behaviors are due to lack of skills or sensory needs or other needs not being met. Make sure all of that has been addressed in the IEP.