[blindkid] IEP Document Accessibility

Carrie Gilmer carrie.gilmer at gmail.com
Fri Oct 16 17:28:54 UTC 2009


Dear Eric,

In my research it is my understanding that all references to access to the
documents and IEP procedures and safeguards fall under the "Native Language"
sections of the law and are specified for PARENTS. There are extensive
provisions for PARENTS and included in the Native language is "mode of
communication" meaning sign language interpreters, Braille etc. So for Mike,
WSSB is doing nothing more than complying with the law for his participation
as a full team member with access to all the papers/print with all the info
including being informed of procedures and his parental rights. Bonnie: this
is your legal right. Go to www.wrightslaw.com and look up sections under
"Native Language". And the definition where it includes 'mode of
communication'.

The only place I can find where the law specifies student rights is to have
Evaluations done in Native Language. I believe this to be a significant
gap/oversight in legal rights provisions in ensuring the participation of
children.

It is also my understanding that the team is not REQUIRED BY LAW
specifically to have a student on the team until age 16, that is the student
MUST BE a team member at age 16, but before it is only RECOMMENDED and to
consider as a member if appropriate before then. Clearly for Vejas' it is
totally appropriate and reasonable he is a team member already and they
would have to argue the "inappropriateness" of his participation. The route
then would be that as a full team member he requires and should be allowed
access to all the materials. Electronic should not pose any difficulty. As
Carlton mentioned there are ADA rights here too...in our district everything
that is generated in print to come home for all parents has in very small
font at the bottom a notice that reads "This is available in
accessible/alternative format...with three days notice". This is so they are
in compliance with ADA.

That said, some or a great deal depends I guess on the welcoming or
resistance to your request. Are they totally resistant? Are you "pre-asking"
us or have you already approached them and they are resisting... One way to
ensure it is to make Vejas' participation as a team member actually a part
of the IEP itself as a goal or activity(very reasonable self-advocacy
goal!)...and then require as an accommodation in writing that all
information eval results, the IEP proposal itself, etc be in an accessible
format for him. Then, if it is in the IEP, no matter what the law says that
is now the law and contractual for him...THIS COULD INCLUDE VEJAS HIMSELF
SCANNING PRINT DOCUMENTS...let me tell you briefly why this is something to
consider...

Vejas will have to learn to deal with print, lots of print, and even tho I
think our children will more and more have less of a problem than it has
been in many cases historically because more and more print will come
electronic....still one of the main things that is ringing true now that
Jordan is at college and living independently is that print comes & even
with planning ahead and better than average Braille services in line...more
of it comes spontaneously and he needs to have really good scanning skills
and ability himself to problem solve spontaneity, all going "wrong" and
formatting working through varying fonts and photos and such that can make
the scan a challenge also using varying text files in gaining access to
print(and also when to seek a reader). It is also not at all bad for him to
learn the adjustment to the reality (to be flexible) and ready always that
Braille or electronic will not just come in many places...and that to get it
will at least require advocacy and notice and some planning ahead on his
part. That is as an adult getting alternative formats will be his
responsibility and require his own pro-activeness--often not an entitlement
where he sits back and it comes...hope the way I put that makes sense. (And
I also realize the complaint of even though now it is entitled for school if
often does not "just come" as it should.) 

Finally if resistance is strong and/or to help solve this problem more
comprehensively, I recommend calling your state dept of ed/spec ed director
and notifying of the gap in the provisions in the law (they need to become
more aware of this gap), and inquiring what basis can be used to require the
district to provide this. You never know, sometimes one good phone call from
them straightens the whole thing out. I have found MN Dept of ED/Sp ED very
willing to call districts and inform them of compliance in a good peer to
peer way.
 
Geez, he is growing up!
 
Carrie Gilmer, President
Minnesota Organization of Parents of Blind Children
-----Original Message-----
From: blindkid-bounces at nfbnet.org [mailto:blindkid-bounces at nfbnet.org] On
Behalf Of Mike Freeman
Sent: Thursday, October 15, 2009 12:48 AM
To: NFBnet Blind Kid Mailing List,(for parents of blind children)
Subject: Re: [blindkid] IEP Document Accessibility

Eric:

I suppose this doesn't quite count but the Washington State School for 
the Blind (WSSB) has scrupulously provided me with copies of my daughter 
Shanthi's planning documents and IEP in braille.

Mike Freeman, President
NFB of Washington

----- Original Message ----- 
From: "DrV" <icdx at earthlink.net>
To: "NFBnet Blind Kid Mailing List,(for parents of blind children)" 
<blindkid at nfbnet.org>
Sent: Wednesday, October 14, 2009 10:22 PM
Subject: [blindkid] IEP Document Accessibility


Hi Everyone,
Our elder son is now in 7th grade & we would like for him to take a more
active role in his IEPs.
We get print copies of the reports, goals, & final IEP document.
He can't read the print.
If we didn't speak English, is it standard practice for these to be
translated into the family's native language?
If so, then along that line of reasoning, it would seem like the 
district
should be required to provide these in an understandable/accessible 
format.
Providing an electronic Word/Text version would be a little extra work, 
but
certainly seems do-able.
I would appreciate some insights into how others have approached this.
Thanks
Eric


_______________________________________________
blindkid mailing list
blindkid at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/blindkid_nfbnet.org
To unsubscribe, change your list options or get your account info for 
blindkid:
http://www.nfbnet.org/mailman/options/blindkid_nfbnet.org/k7uij%40panix.com


_______________________________________________
blindkid mailing list
blindkid at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/blindkid_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindkid:
http://www.nfbnet.org/mailman/options/blindkid_nfbnet.org/carrie.gilmer%40gm
ail.com





More information about the BlindKid mailing list