Disability Rights Puerto Rico Project #50111

At great risk of being left behind

by Servicios Legales de Puerto Rico, Inc.

Project Report | Jan 23, 2024
2023 Year in Review

By Rebeca Dorna | Communications

Thank you for your support throughout the year. As we look back to 2023, we would like to keep you updated on some of the progress of our initiatives in the Special Education Project aiming to increase the quantity and quality of services we offer to the student population with special needs so that they receive the free, appropriate public education guaranteed by the Constitution of Puerto Rico and federal legislation.

During the year 2023, 305 cases for special needs students were closed; 148 are still being served. We identified the four most pressing needs parents were trying to solve with our help as: proper placement, the appointment of a service assistant, the provision of related services and the need of evaluation or reevaluation of the student as the necessary first step to develop an Individualized Educational Program (IEP). Our personnel in the Special Education Project alone participated in more than 225 IEP meetings this last year.

Our GlobalGiving project “At great risk of being left behind” aims to help with the participation of experts who support the litigation in favor of the students. Their evaluations and proper diagnosis help with the creation of an adequate IEP customized to address each student's needs, as it is supposed to be.This past year we contracted experts for44 cases.

Also, education and training for parents and legal guardians are important objectives to us. As part of our project's 30-year anniversary, we developed an educational campaign in which we shared content to the media on several topics. Our articles were successfully published in more than 20 regional and national media outlets. During 2023, our educational content in social media, consisting of more than 25 posts and videos, was tagged with the hashtag #30añosproyectoeducaciónespecial to draw attention to the Project’s anniversary.

We conducted three successful community educational and direct service activities in Juncos, Ponce, and Rio Piedras. These activities allowed us to provide on-site services, education and legal counsel to people who otherwise were not able to receive it. Also, as part of a collaboration with a Head Start provider, we offer five educational activities in their service area of Mayagüez and Rincón.

During the year we completed a thorough review of the most important educational tool we provide our participants and the public: Manual de Educación Especial para padres y madres y encargados, which summarizes special education procedures and helps guide parents when dealing with the provision of services or lack thereof. We can proudly quote a client who described it as follows: “This Manual is your weapon to fight for your children.” We are immensely proud to see the difference our work can make in the lives of children and their parents.

Let us finish by thanking you once again for your incredible support through the GlobalGiving platform. Your generosity has had a significant impact on the lives of the special needs children and families we serve.

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Sep 29, 2023
Reevaluation secured to promote proper development

By Rebeca Dorna | Communications

This is a story of parents with a deep belief in a child potential who fought through challenges alongside their child to secure Free Appropriate Public Education.

When Darell’s parents reached Puerto Rico Legal Services’ Special Education Project, they were convinced he could achieve greater academic progress. Darell, a boy in the autism spectrum, had low achievement in his writing and reading skills. His Individualized Educational Program (IEP) granted him his own teaching assistant but non was ever assigned. When the pandemic forced distance learning, he did not benefit from it and showed no progress. Afterwards he was in a regular classroom for a while, was even promoted, still his skills were below average. His parents worried about his level of functioning and execution in the educational areas; concerns that they voiced to school officials.

First task at hand was to provide with a new evaluation. Afterall, it is the right of a Special Education Student to have periodical assessments by experts, who can help guide the family and educational community in what the specific needs of the student are.

To reevaluate Darrell would provide clarity about his functioning and academic achievement. PRLS had identified the expert to make a psycho-educational test. The hired expert evaluated and presented a psychological report that was accepted by the IEP Committee. In addition, his legal representative participated in the meetings to discuss the Individualized Educational Program.

Other issues like placement were dealt with an administrative complaint. After various administrative procedures, the parties signed a Settlement Agreement authorizing the purchase of educational services at Gersh Academy for the 2023-2024 school year. This made possible to provide Darell with an individualized educational program (IEP) according to his strengths and needs, and that promotes his appropriate development -not minimal-. (Endrew F. v Douglas County School Dist., 580 US 999 (2017))

As special education students and their parents seek to guarantee their rights to adequate and free educational services, this true story may be representative of so many others. It also talks about what can be achieved when the resources are there.

As we continue to defend the rights of Special Education, we thank you for helping us continue meet our students’ challenges.

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Jun 6, 2023
New opportunity to reach comprehensive development

By Rebeca Dorna | Communications

Jamari (not her real name) is a 16-year-old student with disabilities enrolled in the Special Education Program. She has a Specific Learning Disabilities diagnosis evidenced by attention deficit hyperactivity disorder, showing difficulty in reading comprehension, writing, and mathematical calculations, easy distractibility, and a very short attention span.

She received her education at the Tomás Ongay school. Without holding IEP committee meetings, she was assigned to programs and workshops contrary to her interests, and was told that there were no other options at the school, nor did they make additional offers in line with her interests. The record showed that she did not receive related services, nor had recent or vocational evaluations, nor an adequate IEP to reflect her strengths and needs, all of this in violation of the provisions established by law.

Given Jamari's discouragement and her lack of interest in attending school in person, and without receiving the support of the school, her mother requested the services of the PRLS Special Education Project.

An IEP committee meeting was immediately requested from the school but was not convened. Therefore, a complaint was filed against the Department of Education for failing to comply with its obligation to provide Jamari with a free and appropriate public education that meets her needs and promotes her full development.

In view of this complaint, several procedures were carried out to better meet Jamari's needs, among them: IEP committee meetings were held, psychoeducational and psychometric evaluations were carried out, and private placement alternatives were considered.

After evaluating all the evidence, the administrative judge gave rise to the complaint and ordered the purchase of educational and related services through a private institution.

This placement represents a new opportunity for Jamari to complete her education in an environment that promotes her comprehensive development, eases her transition, and to complete higher education.

We thank you for helping us to continue to defend the rights of Special Education students in the courts and other forums.

Thanks again for helping us continue to meet our students’ challenges.

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