Legal Update: In-Home Services Studied
by Holly Swanson
As parents of special needs children know, navigating the ever-changing legal and educational world can be a challenge. Several recent court rulings could affect the state benefits that children are eligible for and the education they receive. Many of these changes vary by state.
The U.S. Supreme Court recently ruled in Schaffer vs. Weast that the burden of proof in challenging the effectiveness of a child’s Individualized Education Program (IEP) lies with the party questioning its adequacy — in most cases, the child’s parents. But Delaware families probably are unaffected.
Recently changed guidelines to the Individuals with Disabilities Education Act (IDEA) will also affect families in the Delaware Valley. One of the most notable changes in IDEA is the elimination of short-term objectives in a student’s IEP.
Without these objectives, critics argue, parents will be unable to track their child’s progress toward annual goals. But as states have the authority to implement or disregard these guidelines, the changes will not be universal.
In Delaware, here are some of the most notable recent changes.
Family Support Waiver
Still in the initial draft phase, a Division of Developmental Disabilities Services proposal could give families in-home access to services currently only available in institutional settings.
Individuals who have a developmental disability, such as autism, and are financially qualified, will have access to extended day care, personal and respite care services, and physical, occupational, and speech language therapies in their own environment.
The proposal includes family education and training that will increase a family’s understanding of developmental disabilities and enable them to become better advocates for their child or relative.
If approved, the plan could be in effect as early as 2007.
Schaffer vs. Weast
Delaware is one of ten states that will not be affected by the Schaffer ruling. The First State has a previous statute requiring school districts to carry the burden of proof in establishing the legitimacy of an IEP. Because the statute is considered a definite ruling, no changes or challenges are expected despite the U.S. Supreme Court decision.
IDEA
Delaware has yet to pass new regulations regarding the changes in IDEA. Like many other states, it is expected to follow several of the new guidelines including the elimination of short-term objectives from IEPs.
“The IEP team is going to have to take a different approach in how they write the annual goals and how they monitor the student’s progress,” explains Marie-Anne Aghazadian, executive director of the Parent Information Center of Delaware (PIC), an organization dedicated to providing information and support to families of special needs children.
“The school still has the responsibility to report the student’s progress and can include that progress on the child’s report card.”
Aghazadian sees other IDEA changes as having positive results for children, especially the inclusion of new IEP guidelines that define how the schools will help students transition to post-secondary education or the workplace.
“The new transition process seems to be more comprehensive and is a plus for these children,” Aghazadian says. The new policy will outline the student’s long-term goals and what services are needed to help him reach those goals.
Since none of the proposed changes are in place yet, Aghazadian cautions parents to keep informed about the regulations. “The school is responsible for the student’s education, but it’s the parents’ job to be an advocate for their children,” she says. PIC offers free workshops to parents about education and disability rights.
To find out more, call 888-547-4412 or visitwww.picofdel.org. For more on the IDEA changes, see www.wrightslaw.com/idea/art/iep.roadmap.htm
Holly Swanson is a freelance writer.