SPECIAL NEEDS NEW YEAR'S RESOLUTIONS

BY BETH C. MANES, ESQ.

We all tend to make unrealistic New Year's resolutions that are never fulfilled. Let this year be different, you owe it to your child and yourself. Below are some tips to help you set manageable goals for 2023:

SPECIAL EDUCATION : PREPARING FOR THE IEP REVIEW SEASON

Breaking down the larger projects of IEP review into smaller tasks and manageable goals should set you up for success in 2023.

Once the calendar flips to the new year, we seem to move at breakneck speed toward June. Therefore, we suggest you start preparing for IEP review season now. Although, most annual review meetings occur later in the spring, there are things you can do now, so you do not find yourself running out of time to iron out details for ESY (extended school year), or to have next year's program and placement finalized before school staff and administration are off for the summer. Here are the first steps to take:

• Begin by getting organized. Create a 3-ring notebook for your child's documents. Get dividers to separate the binder into 504 Plans/IEPs, testing/evaluations/reports from your school and specialists, report cards, IEP progress reports, and communications between you and school staff members. We recommend filing the documents by date within each section, with the most recent on top. If any of those documents are missing, ask for them.
• Next, review your child's 504 Plan and/or IEP. Make note of any services that are not being provided at the frequency set forth in the IEP. Compare the goals and objectives with the progress reports to be sure that everything is being tracked, and if progress is being made as anticipated.
• If your child is 14 or older, transition planning should be addressed in the IEP. Make a note if it is not, and be sure to raise it in your annual review meeting. Transition planning serves to prepare your child for college or a career. This section of the IEP should have its own set of goals and activities, with time frames for achievement. This is one area of the IEP where input from your child is vital; their life plans should be taken into account when developing a transition plan.
• If your child is in 12th grade, be sure that you and the District are on the same page with respect to graduation. You do not want to be caught off-guard and discover late in the school year that the District intends to graduate your child, thereby terminating all services. A student who is not graduating may still walk in the graduation ceremony and participate in other end-of-senior year activities, if they wish to do so. If you believe your child is not ready to graduate and the District believes otherwise, it is essential that you file for mediation or due process.
• If your child has turned 18 since the IEP went into effect, be aware that education decisions have now transferred to your child. This should be noted in the IEP. If your child is not capable of making their own education decisions, there are steps you can take to ensure that you continue to make those decisions, like having your child authorize you in writing to make them, or, if your child does not have the capacity to understand such authorization, you can seek guardianship of your child (whereby the court will grant you authority to make decisions for your child). If you believe you will require guardianship of your adult child, be aware that it may take several months for a guardianship to be heard by a judge.
• You should also review the most recent evaluations. Be sure all of your child's needs, as noted in the evaluations, are being addressed in the IEP. Remember, your child should be evaluated every three years. If your child is due within the next 6 months, ask that evaluations begin now. Given the length of time these evaluations take, it would be best to have them completed prior to the annual review meeting.