[Pibe-division] Technology

Carlton Anne Cook Walker attorneywalker at gmail.com
Sat Mar 23 17:51:40 UTC 2013


Gail,

I see this as an IEP issue, not an ESY issue.

In creating the IEP, we look at present levels.  We perform assessments and
use our professional knowledge and judgment to determine student needs (and
strengths).  These needs drive all other aspects of the IEP.

If the assessment of present levels indicates that the student has a need
in the area of technology instruction (or a need will arise within the next
12 months), that need must be listed on the IEP.

Next, all needs listed on the IEP must be addressed by the IEP.
 Instruction, goals, accommodations/modifications, and/or supports to
school personnel must be provided in order to meet the needs of the student
(whether to remove the need altogether, such as to provide speech therapy
for articulation, or to ameliorate its effects upon the student, such as
providing materials in braille or providing instruction in technology).
 The availability of school personnel during the school year is NOT a legal
reason to withhold services to meet a documented IEP need.

However, the IEP team can decide to provide instruction outside of the
school day or the school year.  Certainly summer instruction is an option.
 No, it is not technically ESY.  Some schools call it ESY.  Some schools
simply make provision for this summer instruction in the IEP because (1)
the school cannot meet the need under its current procedures and/or the
school does not have personnel qualified to provide the services and (2)
the IEP team agrees to delivery of IEP instructional services in the
summer.  It does not matter what the instruction is called -- it matters
that the student receives the instruction.

On a side note, while summer programs are terrific, regular instruction is
also vital.  The school could construct with its own instructors or with
outside providers to provide necessary services.  Technology lends itself
very well to distance education.  Of course, a hybrid method could be used
with intensive technology instruction in the summer followed by
assessment/maintenance services during the school year.


In all these matters, the student's needs are key.  Availability, cost,
etc.  are NOT appropriate (or legal) factors to consider.  So long as needs
are documented, they must be met.  Creativity and flexibility can help all
team members find the solutions to the bureaucratic problems that can arise.




Hope this helps,

Carlton


-- 
Carlton Anne Cook Walker
Attorney at Law
President, National Organization of Parents of Blind Children
Teacher of Students with Blindness/Visual Impairment
105 Creamery Road
Boiling Springs, PA   17007
Voice: 717-658-9894
Twitter: braillemom


*This message is not intended or offered as legal advice. * These materials
have been prepared for educational and information purposes only.  They are
not legal advice or legal opinions on any specific matters.  Transmission
of the information is not intended to create, and receipt does not
constitute, a lawyer-client relationship between this site, the author(s),
or the publisher, and you or any other user.  Internet subscribers and
online readers should not act, or fail to act, upon this information
without seeking professional counsel.  No person should act or fail to act
on any legal matter based on the contents of this site.  Unless expressly
stated otherwise, no document herein should be assumed to be produced by an
attorney licensed in your state.

This message is from the law firm Carlton Anne Cook Walker, Attorney at
Law.
This message and any attachments may contain legally privileged or
confidential information, and are intended only for the individual or
entity identified above as the addressee.
If you are not the addressee, or if this message has been addressed to you
in error, you are not authorized to read, copy, or distribute this message
and any attachments.
You are hereby requested to please delete this message and attachments
(including all copies) and notify the sender by return e-mail or by phone
at 717-658-9894.
Delivery of this message and any attachments to any person other than the
intended recipient(s) is not intended in any way to waive confidentiality
or any privilege.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://nfbnet.org/pipermail/pibe-division_nfbnet.org/attachments/20130323/f304f963/attachment.html>


More information about the PIBE-Division mailing list