MAKE-UP INSTRUCTION AND SERVICES AVAILABLE TO MEET SPECIAL EDUCATION GOALS
ALBANY, NEW YORK – During the COVID-19 school closures, some students with Individualized Education Plans (IEP) did not receive instruction and services according to their Plans. These students might be eligible for compensatory education services if they did not make adequate progress. Compensatory services make up for instruction and services not provided according to the IEP. The individualized make-up services must help the student progress toward his or her IEP goals.
School districts should first assess each student’s current performance levels. Districts should then compare those levels with that student’s pre-closure performance levels. Districts should also consider what level the student should have achieved if schools had remained open. Review should include looking at all sections of the IEP.
Parents and guardians can and should keep track of student performance and progress as best they can. They should bring any specific concerns to the child’s special education teacher, supportive service provider, and Committee on Special Education (CSE)’s attention. They should do this in writing. Parents can ask the school for copies of progress monitoring information. They can also ask the CSE to meet to discuss concerns.
School staff members can also bring concerns to the CSE’s attention if the assessments show loss of skills or lack of progress.
The Legal Aid Society of Northeastern New York’s Children’s Law Project can advise and assist parents of low-income children with disabilities at no charge. You can learn more about the Children’s Law Project by visiting https://www.lasnny.org/clp/. If you have questions about an education matter, please contact LASNNY by calling (833) 628-0087.
ABOUT THE LEGAL AID SOCIETY:
Since 1923 the Legal Aid Society of Northeastern New York has worked to ensure fairness in the justice system and address some of our community’s most serious problems by providing free civil legal aid to low-income individuals and families. The Legal Aid Society of Northeastern New York fights for fairness, dignity, and justice for those living in poverty and for a society which is inclusive and equitable for all. LASNNY transforms lives, builds community, and empowers people by using the law to address individual and systemic wrongs and inequalities.
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The Legal Aid Society of Northeastern New York provides effective, free civil legal services and education to and advocacy for people with low income or other barriers to accessing the legal system. We secure basic needs, protect and preserve legal rights, provide equal access to justice, and seek fairness and dignity for our clients. We have 150 staff in five offices, serving 16 counties from the Catskills to the Canadian border.
Press Release
October 16, 2020
For more information contact:
Deanne Grimaldi
Legal Aid Society of Northeastern New York
Director of Development and Communications
Mobile: 518-860-6629
Email: dgrimaldi@lasnny.org
