Counsel for Special Needs - Shields Law

04/19/2024

How to Draft Measurable & Meaningful IEP Goals (2020)

04/17/2024

5 TOP MUST-KNOWS BEFORE YOUR NEXT IEP MEETING: Special Education Advocacy

04/16/2024

Special Education: Understanding RTI, 504 Plans & IEPs

04/16/2024

Eligibility_ How do you know if your child needs special education_

01/15/2024

Stay safe and warm - so far many Texas schools have announced that they are closed tomorrow, Tuesday Jan 16.

Due to an arctic cold front moving into the Houston area this week, some school districts are closing their campuses on Tuesday.

01/15/2024

Texas School Closures:
Tuesday Jan 15, 2024

01/15/2024

We hope you and your family are safe and warm and doing your best to enjoy the Martin Luther King Jr. Day holiday.

However, we recognize that many of us may be in need of some weather related resources. So here are a few:

The Partnership for Inclusive Disaster Strategies
The Partnership is the only U.S. disability-led organization with a focused mission on equal access, disability rights and full inclusion of people with disabilities, older adults, and people with access and functional needs before, during, and after disasters and emergencies. The organization provides assistance to disabled people with disabilities, their families and other people seeking assistance with disaster-related needs. They can be reached online at ​https://disasterstrategies.org/hotline/​, by email at [email protected], or through the 24/7 disability and disaster hotline at 800-626-4959.

Warming Centers​
For those without power, and anyone in need of warmth, warming stations are available at locations across the state. Texas A&M ( ​https://tdem.texas.gov/warm/​) has a warming shelter map and information on additional assistance.

Texas Health & Human Services Commission​
Dial 2-1-1 for social services and disaster-related information such as extreme weather shelters, warming centers, crisis counseling, and food, rent and utility payment assistance.

Additional Resources​
Check Road Conditions: ​DriveTexas.org​.

Stay warm and safe.

01/11/2024

A NEW SEMESTER IS A GREAT TIME FOR A QUICK ASSESSMENT.

We are looking for yes answers to the following questions:

>Did your child make progress last semester?
>Have you seen growth in the IEP goals? (Ensure you have received and reviewed the IEP progress reports from last semester).
>Has the school appropriately handled (and reduced) any behavior concerns?
>Have all IEP services and therapies been provided to your child?
>Is your child's evaluation up to date?
>Is the current program working?

If you answered "yes" to these questions, great! Keep doing what you are doing because it sounds like things are solid right now.

If you answered "no" to these questions, it's time to take action.
Remember, you are your child's best advocate.

Here are some initial steps you can take:

Request a meeting: If your child isn't making progress or the school isn't providing the services outlined in the IEP, request a meeting with the IEP team.

Document everything: Keep a record of all communications, meetings, and decisions. Emails are best. Consider recording all of your meetings. This will be helpful if disputes arise.

Know your rights: Familiarize yourself with your rights under IDEA. This will empower you to advocate more effectively for your child.

Stay involved: Regularly check in with your child's teachers and therapists. Ask for updates and provide feedback.

If you have already tried these steps and they haven't worked, it may be time to get some help. Remember, the goal is to ensure your child receives the education they deserve. Feel free to reach out if you need help navigating this process.

www.shieldsfirm.com
832-422-7333

01/10/2024

Texas schools improper coding of IEP-covered direct medical services....https://www.houstonchronicle.com/politics/article/special-education-funding-cut-18598018.php?fbclid=IwAR3tLbjbBQTHS81vcU95-BFkR5a1bD1U4CctnQtetZv9SK-qfkNz8I_m-s0

The drop comes at a time when districts are struggling to keep up with an exploding demand for special education services.

05/25/2023

03/23/2023

This is a great win for all of us. This opens the door for damages claims under the ADA.

The Supreme Court on Tuesday revived a deaf student’s lawsuit against a Michigan school district that failed to provide him with a qualified sign-language interpreter. In a unanimous opinion by Justice Neil Gorsuch, the justices ruled that federal education law did not require the student, Miguel ...

01/27/2023

The U.S. Department of Education says that complaints of disability discrimination in the nation's schools are at the highest level in five years.

10/12/2022

¡El Manual IDEA actualizado para el año escolar 2022-23 ya está disponible en nuestro sitio web en español! Esta completa guía en línea está repleta de información que necesita para defender a su hijo(a) con discapacidad que asiste a escuela pública, que incluye:
- Una lista de palabras y acrónimos que usted necesita saber
- Detalles sobre cada paso del proceso de educación especial desde la evaluación hasta la graduación
- Maneras de mantenerse involucrado
- Ejemplos de cartas y formularios
- Listas de verificación para padres
- ¡Y más!

www.drtx.org/idea-es

Nuestro agradecimiento a The Arc of Texas por su colaboración en la producción de este manual.

09/26/2022

Cameras in self contained classrooms are a right. These camera provide at least a level of deterrence to classroom abuse.

Reposting from our private parent group.
https://www.facebook.com/groups/specialeducationlawtexas

Tex. Educ. Code § 29.022 requires school district to install camera and audio equipment when requested by a parent, staff or the school board.
Not legal advice. For general information purposes only.

Cameras in self contained classrooms are a right in Texas. This video and related material are provided for informational purposes only and are not legal adv...

09/24/2022

Support staff who assist students with disabilities in one school district are speaking out about unsafe conditions caused by staff shortages.

09/24/2022

It's International Week of the Deaf - Did you know our website has several videos in American Sign Language (ASL)? These resources help you understand your rights, follow important disability-related news, and learn about recent changes to the law. Our newest ASL video covers what you need to know about applying for a ballot by mail. Visit the ASL Video Library on our website: tinyurl.com/ASLVideoLibrary

08/10/2022

Not satisfied with your child’s IEP?

At least once a year, IEP Teams must review the child’s IEP to determine whether the annual goals for the child are being achieved. An IEP is not a guarantee of a specific educational or functional result for a child with a disability. However, the IDEA does provide for revisiting the IEP if the expected progress is not occurring.

To determine if your child’s IEP is sufficient to provide FAPE, you and the IEP team should ask whether your child’s IEP is reasonably calculated to enable him or her to make progress appropriate in light of his or her circumstances.

You have the right to request an IEP Team meeting at any time.

If your child is not making appropriate progress, the IEP Team must meet to review and revise the IEP, as appropriate. Your child should be receiving whatever appropriate interventions, special education and related services and supplementary services are necessary to achieve individualized and ambitious goals.

Want to learn more about IEP Meetings? Learn more here:
https://shieldsfirm.com/individualized-education-program/

02/02/2022

Can you protect your loved one's quality of life and keep government benefits?

A third-party special needs trust holds funds belonging to other people who want to help and support your loved one. The third-party trust is most often used by parents and other family members to assist a person with special needs.

These trusts can hold any kind of asset belonging to the family member or other individual, including a house, retirement accounts, and other types of assets.

The third-party trust functions like a first-party special needs trust in that the assets held in the trust do not affect a beneficiary’s access to benefits and the funds can be used to pay for the beneficiary’s supplemental needs beyond those covered by government benefits.

But a third-party special needs trust does not contain the payback provision found in first-party trusts.

This means that when the beneficiary with special needs dies, any funds remaining in her trust can pass to other family members, or to charity, without having to be used to reimburse the government.

Have a question on special needs trusts? Ask below

A special needs trust protects a person with disabilities while allowing that individual additional financial or community support.

01/22/2022

The IEP document is your roadmap to your child's services and programing as provided under the Individuals with Disabilities Education Act.

Read more 👉 https://lttr.ai/r2Zp

01/19/2022

What if my child is not making progress?

If your child fails to make progress within a reasonable period of time, your school district should hold an ARD committee meeting to address the lack of progress.

Read more 👉 https://lttr.ai/rt0B

01/18/2022

Children grow and change, does the IEP accurately describe your child?

The IEP will contain statement or description of your child’s present levels of academic achievement and functional performance.

Read more 👉 https://lttr.ai/rpGt

01/15/2022

There is a dilemma in Texas. It has the 10th largest economy in the whole world, and it has the 2nd highest population of individuals with disabilities of all the states; yet it ranks 49th in the US for funding services for these individuals. This leads to big gaps, so that there is an average waiting period of 15 years to get funding. Help us provide change now. ArcAustin.org

01/12/2022

Your school district must offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances” for all students.

Read more 👉 https://lttr.ai/rY9q

01/10/2022

What if the school wont listen to my concerns?

Parents can use mediation and due process procedures if they disagree with IEP Team determinations about the special education and related services that are appropriate and necessary for their child to receive FAPE.

Read the full article: Individualized Education Program
▸ https://lttr.ai/rB6Y

01/08/2022

The IEP document is your roadmap to your child's services and programing as provided under the Individuals with Disabilities Education Act.

Read more 👉 https://lttr.ai/rB6X

01/07/2022

Does the school need to do this from my child?

Your child should be receiving whatever appropriate interventions, special education and related services and supplementary services are necessary to achieve individualized and ambitious goals.

If your child needs a service to be successful at school, they school should be providing it.

Read more 👉 https://lttr.ai/rB6W

01/06/2022

Is your child's IEP (ARD) sufficient?

Each child’s IEP must include, among other information, an accurate statement of the child's present levels of academic achievement and functional performance and measurable annual goals, including academic and functional goals.

Your child's IEP will include measurable annual goals, including academic and functional goals designed to meet your child’s needs and enable your child to make appropriate progress.

Read more 👉 https://lttr.ai/rB6V

01/06/2022

Texas parents of children with or in need of special education services---join us!

Understanding fundamental special education rights is necessary to advocate for your child effectively.

This new parent-only group will provide a supportive space to understand the law behind IEPs (ARDs), Evaluations, the IDEA, FAPE, MDRs, Conflict Resolution options, and more.

Moderated by special education lawyers and strictly limited to Texas parents of children with or in need of special education services. No exceptions.

*Must answer all membership questions & agree to group rules.

https://www.facebook.com/groups/specialeducationlawtexas

01/05/2022

Is the school setting your child up for success in the New Year?

Your school district may be in violation of special education law if they are failing to address your child's inadequate progress or ineffective services and it may be time to contact an attorney.

If your school has failed to implement necessary services or programing per your child's IEP, a special education lawyer can make sure that your child receives appropriate compensatory services.

Read More: ▸ https://lttr.ai/rB6U

09/03/2021

The Texas Education Agency has not met the majority of the corrective actions it said it...