At great risk of being left behind

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.