[blindkid] Was: To Sign or not To Sign - NOW IEPs

Chantel Alberhasky chantel at alberhaskylaw.com
Mon Feb 25 14:15:07 UTC 2013


Heather questions why a blind child should have an IEP  states "that it would be simpler to say 'do whatever you have to do to ensure that this blind child can do what his same age peers can do'".   I couldn't disagree more although I am sure many schools would be right there with you because that would mean parents and their children would have no legal rights and school districts would be off the legal hook. 

Heather says "Blind children just need to learn what their sighted classmates are learning and, if they need a nonvisual technique to accomplish it, the teacher of blind students or parents (and parents friends/mentors who are
 blind adults) should show the child how to do it. I just don't get why it all needs to be written out." 
It is very important to realize that an IEP is a contract, an enforceable contract. If it isn't written down, then it is not part of the contract and thus not enforceable. When a child is eligible for special education services they are bestowed  many rights they wouldn't have if they did not receive special education (FAPE, stay put, compensatory education, parent participation, manifestation determination hearings, etc).   A school has no obligation to provide Braille,  assistive technology instruction, etc unless the child qualifies for special education.  Parent struggle to get these things now under the IDEA, I can't imagine what it would be like if they didn't have the IDEA as
 mechanism to enforce their child's right to an education.


Heather states  "The IEP perpetuates, in the mind of the classroom teacher, that the blind child needs all this incredible amount of additional, special 'stuff.'"    I don't think my son's teacher thinks this because of Drake's IEP. If he does think this, it is probably because Drake has a CCTV on his desk, a braille note, manipulatives for math, an abacus and a cubby for his braille textbooks.   In any event, having an IEP doesn't say to the teacher a child is less than, or less capable.  It simply says a child has to have specialized instruction and certain accommodations to receive educational benefit.     
Heather states "IEPs are considered necessary to ensure that an under informed, underfunded public school monolith
 doesn't under-educate blind children. . There are lots of reasons, I'd be happy to chat about them when we next catch up, why IEPs for blind children are so often not the helpful documents we wish they were, and can, in the hands of some professionals, actually be a hindrance to some blind children."IEPs for any child - no matter the category in which they have found eligible - are necessary because school districts were not educating children who learn differently.  It is the square peg and round hole analogy.  In any event, I doubt you need to tell any parents how IEPs are often so pathetic that they provide little to no educational benefit to our children.  As you know, parents are (hopefully) relentless advocates for the children, fighting their school districts for Braille, fighting for enough Braille instruction, for assistive technology, O&M services, etc.  And once you get the
 services, you have to keep a watchful eye to ensure the school is implementing the IEP.  It is exhausting.   
If parents have to be so vigilant and active with the law on their side, imagine what it would be like if they discarded their child's rights (removed them from special education)?  I shudder to think.

Chantel L. Alberhasky, Esq
419 Boonville Avenue
Springfield, MO 65806
417.865.4444

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