Disability Rights Puerto Rico Project #50111

At great risk of being left behind

by Servicios Legales de Puerto Rico, Inc.

Project Report | Feb 8, 2023
Camelia gets our support to continue her education

By Rebeca Dorna | Communications

Camelia is a 16-year-old special education student with autism disorder level 1 diagnosis. She presents achievement in her academic skills, and she is currently in a specialized school. Nonetheless, she presents anxiety and depression and fears the educational process due to bullying. To overcome this hurdle, she needed therapies which she was not receiving. Also, her special diet needs were not being met. She also needed to keep receiving distance learning and get psychological treatment.

That is why her mom reached to us in our Special Education project. Our Special Education team of lawyers and paralegals immediately started working on her case; participating in IEP meetings, discussing objectives and evaluations required for the fulfillment of her specific needs.

Despite the initial resistance of the Department of Education regarding the location and modality of the student's educational services, it was demonstrated that distance education with related services was appropriate for her needs. New evaluations confirmed her need to work in small groups and individualized attention to better handle anxiety and phobias.

After various IEP meetings, the committee reviewed her Individualized Educational Plan (IEP) recommending specifics areas of development and occupational, psychological, and educational therapies and including nutrition-needs related services. It was possible to establish the modality of distance education as appropriate for the student because of her diagnosis, anxiety, and school phobia.

Working with empathy and equipped with the recommendations of specialists it was possible to work on an individualized educational program that not only met traditional educational needs.

It was possible to maintain the location and purchase of services without the need to file an administrative complaint. She is currently enrolled in the private institution at public cost, receiving therapies and diets with the implementation of an amended IEP. At present, the student counts with all the services she is entitled to receive.

As we continue to defend the rights of Special Education students in the courts and other forums, we thank you for helping us develop the Special Student Defense Fund as a step to help many other students; its is a critical element in our efforts.

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

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Oct 18, 2022
Ensuring adequate placement for SpecialEd student

By Rebeca Dorna | Communications

Our quest to protect the rights of Special Education Students achieves another success.

Mikahela is an 8-year-old special education student. She presents below average achievement in specific skills related to reading comprehension, writing and mathematics. All her evaluations, even the one made by the state’s Department of Education, concur that her academic progress is less than her intellectual capability and potential.

Although she is a second grader, her last evaluation shows her skills are at the kindergarten level. She requires a lot of help with schoolwork, but it is evident her focus does improve with individual assistance. The school psychologist recommended an individualized academic and therapeutic program to help improve her reading, writing and math skills. To address her academic and emotional abilities, the psychologist officially recommended that Mikahela be assigned to small groups, with students at her age and skills level, and that she should receive therapy to help her manage anxiety. She also recommended specific core areas to work on.

Notwithstanding these recommendations, the individualized education program (IEP)committee partially accepted the specialist’s recommendations. The IEP committee arranged for an Individualized education program but not one that took into consideration Mikahela’s identified needs. The committee disagreed with the small group recommendation and did not even include in its IEP appropriate short-term objectives to better serve Mikahela.

An inadequate IEP prevented her from receiving the “free and appropriate public education” to which she is entitled by law. Her Puerto Rico Legal Services (PRLS attorney submitted a complaint to secure correct placement and services resulting in an administrative hearing. After considering all the evidence and expert testimony, the hearing officer determined that PRLS was correct and that the Department of Education had to procure private services, if necessary, to provide correct placement for Mikahela, services that could effectively address her needs.

As we keep protecting the rights of Special Education students in the courts and other forums, we thank you for helping us develop the Special Student Defense Fund as a critical step to help Mikahela and thousands of other students.

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

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Jun 21, 2022
SpecialEd student receives compensatory services

By Rebeca Dorna | Communications

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