Ask The Advocate

Do you have a question about evaluations? IEP meetings? Related services such as speech, occupational or physical therapy, counseling, behavioral supports, or transportation? How about extended school year or year-round schooling? Feel free to e-mail your questions to us and indicate how you would like to be identified (by name, by town, or not at all/anonymous). Your question will be posted to this space along with an answer from one of our advocates who may have faced the issue in the past.

Please Note: Advice from our advocates is not legal advice. You should contact an attorney or Hunterdon County Legal Services or the Hunterdon County Bar Association's Lawyer Referral Service for legal assistance. Likewise, we welcome your health care questions, but cannot give medical advice.

To send in a question, e-mail us at: span_hrc@geocities.com

Here are this month's questions:

A Mother from Lebanon writes:

"I read a letter in the Democrat from parents who have a classified child. Both work and so on some days they need to have their child picked up and dropped off at a neighbor's house who cares for their child. The district, Flemington-Raritan, refuses to do this. What should those parents do?"

Our Advocate Responds:

Transportation is a related service and should be described in an IEP. If the child's individual needs include the need to be picked up or dropped off at a neighbor's house on certain days, parents would need to sign a release allowing this. If the transportation provider or district refuse to provide this service to meet the individual needs of the child, there are two avenues to resolve such issues. Through the Individuals with Disabilities Education Act and 6:28 (the state code that implements IDEA) the parents could file for mediation or a due process hearing to resolve the issue. Refusing to drop a child off at an alternate caregiver's location may effectively deny transportation services to this child in this kind of situation. The first step should be to bring the matter to the attention of the case manager by requesting an IEP meeting to resolve the issue. If this proves unsuccessful in resolving the problem, then either mediation (County or State Level) or due process should be pursued. If the child is in danger of missing school because of the district's decision, then Emergency Relief should be considered to expedite the due process proceedings.

To read more about mediation, due process, and emergency relief procedures, visit the Basic Rights section of this site.

A Mother of a Reading-Fleming Middle School Student Inquires:

"I have been asking for my child to have a summer program for several years because she never seems to get anywhere without one. Everytime I ask, the team turns me down. What can I do about this? I have heard other kids get these programs, but not my daughter?

Our Advocate Responds:

This is one of the more difficult problems for parents to solve, particularly if the district has few or no programs operating in the summer months. There are two types of programs that can be placed in an IEP under the section that says "duration of services." These are referred to either as "extended school year" or "year round schooling." Court decisions are sometimes vague and contradictory in this area because this part of the law is still being defined. The basic test for determining eligibility for extended or year round schooling is this: Is their regression when the child is out of school and how long does it take for the child to recoup what the child learns during an absence from school?

If your child seems to "lose" what they have learned during the school year over the summer or over absences from school (e.g., winter or spring break, when sick for more than a few days) this is evidence of regression. Does your child regress more than children without disabilities would? All children regress somewhat, but quite often children with learning or other disabilities regress much more. How long does it take your child to "re-learn" what they have lost? If September has passed and your child has not recovered what he or she lost over the summer, this is evidence that he or she has failed to "recoup" in a reasonable amount of time. What you need to do as a parent is keep good records of the regression/recoupment problem your child has. These can be notes from teacher or aides or you could even have standardized testing done in June and again in October to see if your child is backsliding each year. Also, write your own observations about your child. Sometimes the regression is more than academic....it could be a regression in speech or a regression in behavior as well...so observational data is important. Once you have collected your information, present it to the case manager in an IEP meeting where you request an extended school year, or, year-round program. If the district refuses, seek mediation or due process. Your child should not have to go through this each year!

Back to the Main Page