THOUGHTSONTHURSDAY - Parents in Massachusetts, California, Montana, and Virginia have a significant advantage, as these are the only four states requiring parental signatures on all IEPs beyond the initial one. This requirement grants these parents meaningful power in the educational decision-making process.

The situation in the other 46 states raises serious questions about equal partnership in the IEP process. When schools can implement decisions regardless of parental disagreement, it undermines the concept of parents as equal team members. Though schools may appear to consider parental input, the power imbalance is evident when they can ultimately override parental concerns without formal consent.

Parents in the four states requiring signatures have valuable options when disagreeing with an IEP. They can:

➡️Sign with exceptions (agreeing to some parts while rejecting others)
➡️Refuse to sign entirely
➡️Request additional IEP meetings to negotiate contested issues
➡️Seek a Dispute Resolution Meeting with special education administrators

These mechanisms create a framework for meaningful negotiation and compromise without immediately resorting to due process hearings, better honoring the spirit of collaborative decision-making intended by special education law. Talk about justice sensitivity!

#equalpartnership #signaturesforall #kids1stadvocacy

MYTHMONDAY - The statement, "Paraprofessionals can provide your student`s service minutes," is a myth. Qualified special education teachers or related service providers, such as speech therapists or occupational therapists, MUST provide the direct service minutes in an IEP.

These minutes involve explicit, specialized instruction that directly aligns with IEP goals and cannot be delegated to paraprofessionals or teacher assistants as the primary provider. While teacher assistants and paraprofessionals cannot be the primary providers of specially designed instruction or count toward required direct service minutes, they can provide crucial supplementary support under the direct supervision of a special education teacher. Their role may include reinforcing concepts, assisting with practice activities, and helping implement accommodations and modifications.

Supplementary minutes or support refers to this additional assistance beyond direct specialized instruction. This support can be provided by trained paraprofessionals under teacher supervision, including implementing accommodations, behavior support plans, or practice activities. The focus is on reinforcing skills rather than introducing new concepts and helping students access the general education curriculum.

It`s crucial to note that the special education teacher maintains responsibility for designing instruction and monitoring progress, even when working with paraprofessionals. Any paraprofessional support should be clearly defined in the IEP, and regular communication between the teacher and paraprofessional is essential. Documentation should clearly distinguish between direct service minutes provided by qualified professionals and supplementary support provided by paraprofessionals. This ensures compliance with both IDEA requirements and state regulations while maintaining the quality of special education services.

Please carefully read over your student`s service delivery statement in their IEP to see who is really involved in their special education.

#mythorfact #paraprofessional #servicesorsupports #kids1stadvocacy

ThoughtsonThursday—What a day! If you didn`t catch Linda McMahon`s nomination hearing for the role of Secretary of Education, you missed some fireworks. By fireworks, I mean protestors! Who was protesting? A diverse coalition of education stakeholders, from teachers and school administrators to parents of students with special needs and public education advocates. Unfortunately, their words were lost on many in the room, who dismissed these protests as mere disruption, comparing the actions to those of disrespectful children. But this characterization misses the point entirely. These weren`t childish outbursts - they were the voices of people deeply invested in our education system, fighting for their vision of what American schools should be.

At the heart of these protests lies a critical issue: our special education system faces a critical funding crisis. When Congress passed the Individuals with Disabilities Education Act (IDEA) in 1975, they promised to cover 40% of special education costs. Today, federal funding provides just 14.7%, leaving schools billions short. This shortfall creates a challenging paradox: schools must legally provide necessary services regardless of cost, yet lack the resources to do so properly. Schools cope through concerning strategies like becoming more selective in identifying eligible students, understaffing special education positions, and restricting placement options. Rather than providing individual support in regular classrooms, some schools group students with similar disabilities together to share resources.

The impact affects everyone - students miss essential services, teachers face overwhelming caseloads, and administrators struggle with impossible budget decisions. Change requires immediate congressional action, which is why we need an appropriate secretary of education who understands that we need to fund the Individuals with Disabilities Education Act (IDEA) fully.

Contact your senators today and make your voice heard on both the Secretary of Education nomination and the critical need to fully fund special education. Our children`s futures depend on it.

#fullyfundIDEA #listentoteachers #educationnomination #kids1

WhatsGoingonWednesday - A major legal challenge regarding disability rights in America is underway. In Texas v. Becerra, 17 states led by Texas are challenging the federal government over Section 504 of the Rehabilitation Act, a foundational disability rights law that`s been in place since 1977.

➡️ What is Section 504?
Section 504 is a civil rights law that requires any organization receiving federal funding - like schools, hospitals, and public services - to provide equal access and reasonable accommodations for people with disabilities. The law prevents these institutions from discriminating against disabled individuals.

➡️ Who is Becerra?
Defendant Xavier Becerra is the Secretary of the Department of Health and Human Services and is sued in his official capacity in that role. In 2024, the Department of Health and Human Services updated Section 504`s regulations, strengthening protections based on feedback from the disability community.

➡️ Why are they are they suing Becerra?
In response to these protections, the 17 states (Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia) filed a lawsuit claiming Section 504 is unconstitutional and seeking to eliminate it entirely. This case has significant implications because if the states prevail, it could potentially dismantle decades of established protections that ensure disabled Americans can access education, healthcare, and other essential services without facing discrimination.

➡️ How might it impact you or your family?
A 504 plan is a personalized roadmap that details how a school will support a student with disabilities. It spells out the specific adjustments, accommodations, and assistance the student needs to have the same educational opportunities as their peers. These plans bridge the gap between a student`s needs and their ability to fully engage in school activities, ensuring they can access their education without barriers.

If you live in one of the 17 states, please visit https://dredf.org/protect-504/ for more information.

The fundamental rights of all children in education must be safeguarded. Kids 1st Advocacy stands against proposals to eliminate or reduce the Department of Education`s role, as such actions would jeopardize student welfare. Federal supervision is essential to guarantee that students with disabilities receive equitable educational opportunities, including specialized teaching methods and necessary support services for their development.

The Department requires qualified staff to properly implement and interpret statutory requirements. Under IDEA, the Education Secretary holds key responsibilities for monitoring, providing technical guidance, and ensuring states meet their obligations to deliver appropriate, free education to students with disabilities.

Disabilities are an inherent part of human diversity. Students with disabilities deserve meaningful educational experiences, preferably integrated with non-disabled peers when suitable. Our educational system must embrace all learners, providing individualized instruction and support services that help students with disabilities reach their full potential. Parental involvement remains crucial in educational planning and decision-making.

We maintain strong support for protecting students` civil rights, with the Office for Civil Rights playing a vital role in this mission. Many constituents have expressed concern about Executive Orders and legislative proposals aimed at dismantling the Department of Education or restricting curriculum. It`s important to note that under our democratic system, Executive Orders cannot override existing federal or state laws, nor can they supersede statutes that delegate policy authority to states.

MYTH MONDAY—The statement, "Parents can only receive progress reports once a semester," is a myth. Once a semester is the bare minimum.

IDEA 300.320(a)(3)(ii) states, "When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided."

If you look at your child`s IEP goals under the heading "Annual Goals" (may be different state-to-state), you will see a statement about progress reports right below. The timing of these reports will vary depending on your agreement with the school team. While report cards reflect performance in general education classes, progress reports specifically address your child`s advancement toward IEP goals. Though these reports often align with report card schedules—typically quarterly or by trimester—you can advocate for more frequent progress reporting if needed.

For new goals especially, consider requesting more frequent progress monitoring to ensure your student is making progress and has the proper supports in place. Waiting an entire semester only to learn your child has made no progress—or worse, regressed—is a difficult situation that can be avoided with more frequent monitoring.

Remember: Progress monitoring frequency is based on your child`s needs, not school convenience.

#mythmonday #progressreports #Dontdothebareminimum #kids1stadvocacy