Friday, February 15, 2019

Accommodations



According to the education attorneys at Kirsch-Goodwin & Kirsch, accommodations are provisions that your child needs in order to access and demonstrate his or her learning.  It is important to understand that accommodations do not substantially change the instructional level of the material, the content of the material or the performance criteria.  Rather, accommodations are given in order that a student has equal access to learning and equal opportunity to demonstrate what he or she learns.  Accommodations shall not change the content of the curriculum or a test.  Below are sample accommodations

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In the Classroom
· Seat the student at or near the front of the classroom.
· Establish clear, concise classroom rules.
· Increase distance between desks.
· Provide more working desktop space.
· Get student's attention before starting class instruction.
· Give instructions one at a time and check for understanding.
· Minimize visual distractions.
· Reduce auditory distractions, using earphones and ear plugs as options.
· Allow for some standing during seat work.
· Reward activity control by assigning active work or errand.
· Give break between assignments.
For Behaviors
· Make sure there are no additional disabilities.
· Increase supervision at transition times.
· Provide immediate feedback.
· Ignore minor disruptions.
· Don't get involved in disruptive actions or arguments.
· Allow for legitimate movement.
· Use 'time out" or loss of privileges, not detention.
· Set social behavior goals and rewards.
· Determine student's preferred activities.
· Establish a reward/consequence system.
· Recognize strengths in front of other students.
· Check and clean desk regularly.
For Academics
· Ensure the student is at grade level.
· Modify assignments (reduce them or give alternatives).
· Allow the use of marker/highlighter during reading.
· Use multi-sensory techniques such as overhead projectors, colored chalk or markers, video or audio tapes.
· Provide large spaced paper.
· Place piece of tape on desk at an angle for handwriting consistency.
· Allow for a mix of printing and cursive writing.
· Don't expect improvement by copying many times over; provide copies instead of requiring copying.
· Allow for student proctor as a note taker.
· Allow for use of tape recorder during lectures.
· Provide taped textbooks.
· Encourage the use of word processors or typewriters.
· Reduce or eliminate oral instructions.
· Provide additional time for test tasking when needed.
· Allow oral response to test questions.
· Reduce test items per page.
· Encourage use of notebook with dividers.




Friday, December 28, 2018

VIDEO: Lori's journey with her son

Education attorneys Lori Kirsch-Goodwin & Hope Kirsch talk about what they do to advocate for students. Listen to Lori tell about her journey in special education with her own son. https://youtu.be/JF4jvGjRo2c

Saturday, December 15, 2018

VIDEO: The ABCs of Special Education Law: Advocating Better for your Child

Attorneys Hope Kirsch and Lori Kirsch-Goodwin are special education lawyers at the Arizona Education Law Firm Kirsch-Goodwin & Kirsch.  Here, they present a training to help parents, grandparents and legal guardians understand the law, their legal rights and how to better advocate for their child / grandchild.  
The ABCs of Special Education Law: 
How to Advocate Better for your Child


Friday, November 30, 2018

VIDEO: How can a parent request an IEP for his or her child?

Attorneys Hope Kirsch and Lori Kirsch-Goodwin are special education lawyers at the Arizona Education Law Firm Kirsch-Goodwin & KirschHere, they answer the question:
How can a parent request an IEP for his or her child?

504 Accommodations vs. Specially Designed Instruction (and Why it Matters)


According to special education attorney Hope Kirsch, accommodations are techniques and materials that help students learn or perform schoolwork more effectively. Accommodations include extra time on tests, a lighter homework load, and permission to tape-record assignments.


Modifications are changes to the content or curriculum; special education means specially designed instruction.  When we talk about Section 504, we are not talking about changing those educational expectations.

Accommodations for a 504 might include extra time for assignments, quiet place to take tests, “chunking” assignment, help with organizing work such as organizers.  Thus, merely having a disability such as a learning disability, autism (especially high functioning, or ADHD) does not automatically entitle a student to special education.  Rather, the disability must also impact the student’s ability to access the general curriculum such that modifications would be needed.  

Special education is defined as “specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability…”  20 U.S.C. §1401[29].  A child with a disability [under the IDEA] is one who not only has a disability, but “who, by reason thereof, needs special education and related services.”  20 U.S.C. §§ 1401[3], 1401 [30].) 


Thursday, October 25, 2018

How is Section 504 eligibilty determined?


KGK attorney Hope Kirsch answers the question:
What should be considered when a school team is determining Section 504 eligibility for a student?
The ADA Amendment Act (ADAAA) of 2008 increased the number of individuals who are eligible for protections and services under both the ADA and Section 504 of the Rehabilitation Act of 1973. An impairment in and of itself does not mean that a student has a disability.  There must be a substantial limitation on one or more major life activities, which results from the impairment, to be considered as a disability under Section 504 and entitling a student to FAPE.

In order to be afforded the protections of Section 504, a student must meet the definition of a person with a “disability.”  A student has a disability if he/she:
1.      Has a physical or mental impairment that substantially limits one or more major life activities; or
2.      Has a record of such impairment; or
3.      Is regarded as having such an impairment; and
4.      The impairment substantially limits a major life activity.

A school must make an individualized determination as to whether a student has a physical or mental impairment that substantially limits a major life activity.   In light of the ADAAA, the standard used to determine whether a physical or mental impairment substantially limits one or more major life activities is: whether or not “the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people.”  The impairment must create a significant barrier to the student’s ability to access the same educational opportunities afforded to students without disabilities. It is important to remember that “substantial” doesn’t really mean “substantial” since the ADAAA was passed.  



42 USC 12102 (4)(A) states, "The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act." 


Thursday, October 11, 2018

How to request an IEP for your child?

Are you concerned that you child may need special education?  Watch this video of special education attorney Hope Kirsch.