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Monday, Jan. 22nd 2018

Justification of K-12 Student with Disability

The justification for a child with any K-12 student with disability obtaining an IEP (Individualized Education Program) is that the disability impacts his opportunity to obtain a Free and Appropriate Public Education (FAPE). It can be as minor as a child with impaired eyesight or hearing being guaranteed a seat at the front of the classroom to accommodate that disability. The most widespread accommodations are for children with Attention Deficit Hyperactivity Disorder (ADHD) who are medicated and often need more time to take exams, or need a quiet room for exams, or tutoring. However, a K-12 student with disability with severe disabilities, typically congenital physical conditions and/or learning disabilities require a much more detailed and comprehensive IEP than a fairly typical child with a specific and more minor disability that can be easily addressed in the IEP written plan.
The following example illustrates the range of issues that may need to be addressed for a child with severe disabilities:
  1. Parent/Guardian Input For Special Education Needs
  2. Desire Post School Outcomes
  3. Course of Study
  4. Transition Services
  5. Communication With Parent/Guardian
  6. Health/Physical Services and Accommodations
  7. Healthcare Plan For Student In A School Setting
  8. Physician Diagnosis
  9. Nursing Assessment
  10. Nursing Diagnosis
  11. Outcomes
  12. Social/Emotional/Adaptive Skills
  13. Functional Behavior Assessment
  14. Behavior Intervention Plan
  15. Academic Plan
  16. Goals and Benchmarks
  17. Modification/Accommodation/Supplemental Aids
  18. State Assessment
  19. Assistive Technology
  20. Transportation
The list above is not necessarily exhaustive and may not be needed in every case but is an illustration of the range of issues which may need to be addressed in an IEP for a severely disabled child. Some children require a one-on-one paraprofessional because of their acute needs which not only have significant educational challenges but also may have medical issues of an emergency nature such as breathing issues, feeding tube issues, seizures and other conditions for which school staff must be trained and for which the written protocol for dealing with these medical conditions are set forth in detail in the IEP. These protocols should be agreed to by school staff, parents/guardian and the child’s treating physician.
Mr. Cohen is experienced in matters relating to a K-12 student with disabilities and may be reached at 785.979.7361 or at: cac@studentrightslawyers.com

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