By Sheryl Frishman, Esq., Littman Krooks LLP

The law requires the school district to fully evaluate a child in all suspected areas of disability. A full evaluation must be completed before a student is considered or approved for special education services in the first place or further services.  An evaluation is a comprehensive process used to determine a student’s strengths and challenges.  There are multiple assessment instruments and other items that can be used to evaluate a child.   Different types of assessments measure different things.   Which evaluations will be done will be based on what needs to be answered about a student.  Before you can have a meaningful CPSE or CSE meeting to develop an appropriate educational plan for a child there must be a thorough understanding of what the student’s strengths and weaknesses are and objective data to support a plan.    The determination of what evaluations are needed is done on a case by case basis with input from parents in order to comprehensively indentify a student’s Present Level of Performance (“PLOP”) in each of the following areas:

1.     Academic/Educational Achievement and Learning Characteristics:

The levels of knowledge and development ins subject and skill areas including activities of daily living, level of intellectual functioning, adaptive behavior expected rate of progress in acquiring skills and information, and learning style.

2.     Social Development

The degree and quality of the student’s relationships with peers and adults, feelings about self, and social adjustment to school and community environments.

3.     Physical Development

The degree or quality of the Student’s motor and sensory development, health vitality, and physical skills or limitations that pertain to the learning process, including pertinent information from the student’s physical exam.

4.     Management Needs

The nature of and degree to which environmental modifications and human or material resources are required to enable the student to benefit from instruction.  Management needs are determined in accordance with the factors identified in each of the three areas described above.

Some of the items that should be in a good evaluation are the following:

1.     The basic information about the student, i.e., name, date of birth, grade, school, school district.

2.     A description of the child on the testing day.

3.     The evaluator’s credentials.

4.     Was the test given in the child’s native language?

5.     Why was the evaluation requested? What are the suspected areas of disability?

6.     What tests were performed and the results of the testing?  Were the most recent versions of the tests used?

7.     What is it that the student can and cannot do?

8.     What are the student’s strengths and abilities in each area assessed?

9.     What are the parent’s concerns regarding the education of the student?

10.   Does the student require a particular device or service to address special factors related to the student’s behavior, communication needs, limited English proficiency, visual impairment and or the student’s need for assistive technology?

11.  What factors affect the student’s participation and performance in the general curriculum?

12.  What has worked in the past and what has not worked?

13.  Recommendations and plan.

Sheryl Frishman, Esq. is an attorney with the law offices Littman Krooks, LLP.

This is not legal advice.  Please do not rely on this without first consulting an attorney. For more information, visit www.specialneedsnewyork.com/blog/

Posted in IEP, New York Special Needs, Special Education Advocacy | Make a Comment

New York City’s educational resources and access to medical care have earned it a position in the top 10 places to live in the United States for people with autism, according to the world’s largest autism science and advocacy organization.

The organization, Autism Speaks, conducted an online survey of 800 parents of children with autism to study the quality of services provided in metropolitan areas throughout the country. New Yorkers said that they were satisfied with their child’s educational services, access to clinical and medical care, adaptable employer policies, nearness to outside services, and the recreational opportunities available to their child.

However, 75 percentage of respondents from areas such as Texas, Virginia, Tennessee, Ohio, Florida, Michigan and California reported that they were satisfied with the resourced and opportunities available to their children.

The survey was designed to encourage conversation in the autism community, the organization said, and that while New York was ranked highly for those with autism, it is a struggle for parents to get services that benefit their children in other areas of the country. Autism Speaks said that it hopes the survey will “inform policy makers and leaders in local communities about the tremendous need for increased services and inspire action.”

In New York City, the law firm of Littman Krooks LLP firmly believes that children with autism deserve access to the health care they need and opportunities to help them succeed. Our New York special needs attorneys have decades of experience in courtrooms and settlements to uphold your child’s rights. To learn more, visit http://www.specialneedsnewyork.com/ or call 914-684-2100.
http://www.specialneedsnewyork.com/

To learn more about New York
elder law, New York estate
planning, or New York
Special Needs visit http://www.littmankrooks.com.

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Tags: autism

College is just ahead for many teens. It is an exciting time for them to branch out on their own and gain knowledge for their career path ahead. With a special needs child, there are unique concerns that must be addressed for the child to be set up for success.

Many colleges offer special accommodations for a special needs student, but they will only qualify if documentation is sent beforehand. Use these remaining weeks of summer to solidify any specific housing, transportation and educational needs they should have met.

Some colleges offer tutors or student advocates to help with daily campus life such as food preparation, hygiene and even note taking. Some of these programs can be free or at a reduced cost when parents show documentation of their child’s special needs. Special needs attorneys stress that it is vital to create documents to still be a part of the child’s decision making, especially when they have reached the adult age of 18. Many special needs children still need oversight and guidance on their health and financial decisions, and only documents set up before they land on campus will allow parents a right to be a part of this decision making.

Documents can be drafted so that professors and school administrators can share grades and any issues that come up with a parent. A qualified special needs planning attorney can help a client create a health care proxy to stay aware of any health issues that could come up. Also, power of attorney documents are helpful to address any legal or financial issues. Special needs planning lawyers will maximize the child’s government benefits and determine what type of trust is best to take care of college funds and needs, with the goal of not compromising the federal monies.

In New York, the law firm of LittmanKrooks LLP helps individuals and families have peace of mind that their child’s finances and health needs are met before their child starts the exciting college experience. Their New York special needs planning attorneys successfully help clients get access to benefits, set up the best trust for their situation, and uphold their rights to a college education. To learn more, visit http://www.specialneedsnewyork.com or call 914-684-2100.

http://www.specialneedsnewyork.com/blog/

To learn more about New York
elder law, New York estate
planning, or New York
Special Needs visit http://www.littmankrooks.com

Posted in New York Special Needs | Make a Comment