By Arshi Pal, Esq.

The start of the new school year can be a bittersweet time for parents and students. Many will be excited for the new opportunities and lessons during the school year, whereas others may be sad to wave summer break goodbye. As children soak up the last few days of summer, parents may be scurrying with the school supply checklists. However, another checklist is equally important for parents of students with disabilities: the Back-to-School Checklist. Here are some tips to keep in mind during the school year:

1. Check in. Check in with your child regarding their thoughts and feelings on starting school. Help them get back into the routine of sleeping early and waking up on time for school. Engage in open dialogue regarding realistic expectations for the school year. During the school year, check in before and after tests. If your child is dealing with mental health issues, communicate concerns with the relevant school personnel, including the Committee on Special Education (CSE) to get them support. Speak to their medical providers to enlist their recommendations and input during any meetings.

2. Review your Child’s IEP or Section 504 Accommodations Plan. Make sure you understand the support and services they are mandated to receive. If you have any concerns regarding the IEP, you should document them in writing. Prior to the start of the school year, you may want to write an e-mail to your child’s new teacher with a copy of the IEP attached, to ensure they are aware of the services and supports the student requires. Communicate with the teacher regarding any specific needs the student has. Also let the teacher know if the student has a Behavioral Intervention Plan and/or assistive technology. Monitor any progress or regression during the school year. Document any concerns if you believe an increase in services is required. You can request a CSE convene to address such concerns.

3. Review Assessment Status. Understand the relevant exams and assessments that your child will likely take in the school year and their promotion criteria. For example, is your child on alternate assessments or standard assessments? Does your child have modified promotion criteria? If your child is on alternate assessment, they will likely not be taking NYS state exams or the Regents exams. Consider if your child will require testing accommodations for any exams they may take.

4. Understand your Child’s academic trajectory including Diploma options. Sometimes parents do not realize that if their child is on alternate assessment, they will not be awarded a diploma and likely cannot apply to colleges or trade schools upon completing high school. such students would likely be working on the Skills and Achievement Commencement Credential for Students with Severe Disabilities. If you would like to keep the door open for obtaining a Diploma, you should have a meeting to remove your child off of alternate assessment. Keep an eye out on new graduations options that should be unveiled later this year. See our article, New York State Graduation Requirements: Change is in the Future for current NY State graduation requirements.

5. Updated Evaluations Needed? Consider if your child requires updated evaluations based on a change of circumstance or if they are due for a triennial review. Try to start the process promptly if your child’s IEP is going to expire soon. Understand that if you disagree with the District’s evaluations, you may be able to request independent evaluations funded by the District.

6. Cooperate and Understand Rights. Engage in open, collaborative dialogue with your child’s teachers, providers and school staff regarding their needs. Cooperate with the District but understand that you do have rights if your child is not receiving the appropriate support and services. Understand that Districts do not have carte blanche in servicing students with disabilities. The parent has the right to revoke consent or decline evaluations and services. The Parent also has the right to mediation and an impartial hearing if the parent disagrees with the District’s actions or inactions toward a student with a disability or a student suspected to be a student with a disability.

7. Know When to Ask for Help. Seek out an experienced attorney if you feel like you are struggling to advocate for your child’s rights.

We at Littman Krooks wish everyone a positive school year. If you run into obstacles, it’s a good idea to consult with an attorney who focuses on special education law.