The Language of IEPs and 504s: Eliminate “Access” and Define “Use”

A friend shared her daughter’s IEP. It included the following accommodation:

“Access to Flash Pass”

“Access” is up there with “as needed” and “all” and “before”.

What is “access”, other than a word that is over-used and under-defined in IEPs and 504 Plans?

Accommodation Breakdown: Strategic Seating

File this under “accommodations that shouldn’t go wrong, but end up leaving you paralyzed in jaw-dropping numbness” at the absurdness surrounding incorrect interpretations and/or implementations, or both.

What is Strategic Seating?

It is just what it sounds like—strategic seating. It is a seat in the classroom that is chosen for a specific student, to help address his or her unique needs.

Who knew such a straight forward accommodation could become a nightmare?

Assistive Technology

IEP Teams Must Consider Assistive Technology Devices and Services

Pursuant to 34 C.F.R. § 300.324(a)(2)(v), IEP teams must consider assistive technology devices and services when they are developing a child’s IEP.

34 C.F.R. § 300.324(a)(2)(v) specifically states:

(a) Development of IEP—

(2) Consideration of special factors.

The IEP Team must—

(v) Consider whether the child needs assistive technology devices and services.

Schools are Required to Provide Access to Education Records Prior to IEP Meetings

Parents have the right to access their child’s education record in advance of IEP meetings.

This access is key to ensuring parents are able to meaningfully participate during IEP meetings and provide informed consent (or refusal) to a school’s proposal/s.

Access to education records, meaningful participation, and informed consent are three rights afforded to parents under the Individuals with Disabilities Education Act (IDEA).

Privacy is a Right, NOT an Accommodation

A parent requested the following accommodation after his teachers repeatedly mentioned his Individualized Education Program (IEP) to the class:

“Teachers should not intentionally allow other students to know that XXXXXX has an IEP and receives special education services.”

The parent didn’t understand that privacy is a right, not an accommodation, simply because the privacy violations modeled by the teacher pointed in the opposite direction.

Accommodation Breakdown: The Assignment Notebook (a.k.a. the Most-Changed and Least-Implemented Accommodation)

This is the accommodation that warrants its own evolution chart.

In my experience, it has the dubious honor of being the most-changed, least-followed, and most misunderstood accommodation that I’ve ever seen played out.

Accommodation Breakdown: Copies of Teacher Notes

“Copies of Teacher Notes”

This is another accommodation I thought to be straightforward.

How could it possibly be interpreted any other way than the teacher providing all teacher notes to the student in advance of the class?

But wait boys and girls, there’s more—always more to an accommodation than any of us expected.