At great risk of being left behind

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.