Requests for accommodations on IEPs seem to have proliferated over the years. Do accommodations need to be directly related to the student’s eligibility areas? What parameters or guidance is there to help IEP teams determining what accommodations are appropriate to include on the IEP?
Franczek P.C.: Dana Fattore Crumley & Kendra Yoch
First, we agree – we are also seeing more and more IEPs that have numerous accommodations, sometimes that go on for pages. Second, you may be surprised to learn that “accommodations” is not a defined term in the IDEA, in Section 14 of the School Code, or in the regulations. But we are not left completely adrift.
While we do not have a legal definition of accommodations, generally we are referring to changes to the way a student (1) accesses instruction, or (2) demonstrates understanding. An accommodation aims to reduce or eliminate the effects of a student’s disability by changing the timing, formatting, setting, scheduling, response, or presentation of material and assessments to provide equitable access to a student with a disability.
So, how can teams determine what accommodations are needed for a particular student? Let’s look at the IDEA’s requirements regarding the contents of an IEP. The IDEA requires that a student’s IEP include a statement of the special education, related services, supplementary aides and services, program modifications, and supports for school personnel that will be provided to enable the student to:
1. Advance appropriately toward attaining the annual goals;
2. Be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and
3. Be educated and participate with other children with disabilities and nondisabled children in the educational program.
This section provides guidance that the adjustments to the general education program and supports provided to a student with a disability should be aimed at the three listed goals. Additionally, the IEP is focused on a student’s disability-related needs: the present levels must include a statement of how the student’s disability affects their involvement and progress in the general education curriculum and the annual goals must be designed to meet the child’s needs that result from their disability.
Putting these pieces together, accommodations should be included that change how a student accesses instruction or demonstrates knowledge and that are designed to address the student’s disability-related needs in advancing toward annual goals, progressing in the general education curriculum, and participating in the least restrictive environment. Indeed, the ISBE instructions on the IEP form state: Indicate what aids, accommodations, and/or modifications are needed in general education classes and other education-related settings to enable the student to be educated with nondisabled peers to the maximum extent appropriate. Any supplementary aids should be based on the individual needs of the student (e.g., shortened assignments in specific classes, preferential seating).
We often see a “kitchen sink” approach to accommodations, including every accommodation that could possibly benefit the student (or any student). And once an accommodation is included, team members are often reluctant to remove it, opting to add new accommodations as a student’s needs change rather than replacing old ones. But use caution. The team will be held to implementing the IEP. If the IEP includes accommodations that the student does not need and the team does not provide, the district could be liable for failing to implement the IEP. And the more accommodations that are included on the IEP (especially if some are not truly a change from the general practice or are ineffective), the more likely that team members will struggle to consistently implement them all.
Resist the temptation to gloss over the accommodations section of the IEP meeting as a less important or contentious issue. Instead, review each accommodation and any data or feedback about how the student responds with and without that accommodation. A brief description of what the accommodation looks like in practice can lead the team to a common understanding of which accommodations continue to be needed, and thus keep this section current, manageable, and aligned to student needs. And, as always, teams should make accommodations as clear, specific, and practical as possible to avoid disputes about their meaning and implementation.
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SEAPAC UPDATE
Over the last few years, the Special Education Association Political Action Committee (SEAPAC) has been struggling with membership and funding. In order for the work of SEAPAC to continue, it is imperative that we attain high membership each and every school year.
You may ask, "What does SEAPAC do for me?" Well, if you recall, we have had some pretty unreasonable bills that have been discussed in our legislative chambers. Our dollars support the work of our lobbyist, Shannon Bellini, to help legislators understand our perspectives and the impact of legislation on schools. SEAPAC plays an important role in educating, providing access, and representing the organization with members of the General Assembly. Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education. By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.
IAASE is an organization of over 1100 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!
To make becoming a member easier, we have subscribed to Givebutter. Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223. If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!
The cost is $20 annually but you are welcome to give more! Additionally, SEAPAC would be honored to accept any voluntary private contributions including funds that regions would normally donate for the conference raffle baskets.
IAASE is well-respected by our legislators and they have come to view the organization as the voice of special education. By supporting SEAPAC, the efforts of IAASE can be continued.
