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'We're not doing a good job': Lawyer says kids with special education needs are getting left behind

An education consultant said she's noticed more parents are filing formal complaints against their schools for not meeting their kids' special learning plans.

DES MOINES, Iowa — An education consultant and lawyer said she feels students with special education needs are falling further behind than their peers during the pandemic

All Americans are guaranteed the right to a Free, Appropriate Public Education (FAPE), but the pandemic is making that tough to provide in some instances.

"There are still families contacting me today that have never been offered COVID-recovery services for their special education child," Wendy Johnson said. 

Johnson is an education consultant and legal counsel at Wholehearted Learning & Advocacy, LLC.

There are a couple of programs meant to assist students needing extra help at school: Individual Education Programs, also called IEPs, and 504 plans. 

Since the pandemic began, Johnson feels students needing extra help are not always getting it.

"It's really been hit or miss," Johnson said. "We haven't done a good job of making sure that we're not leaving behind those students and we're not doing a good job of filling in the gap when they were left out in the spring."

Johnson added she has had more clients coming in saying they are filing formal complaints with the state because they feel their school is not following their child's agreed-upon learning plan. 

"I think that the Department of Ed needs to take a closer look at what's going on in the state of Iowa," Johnson said. "Students started the school year without services. Students continue to try to access online learning and are being told, '504 Plans don't work really well in that situation,' and 'It's really hard to provide IEP services when you're working from home.'"

The Iowa Department of Education lists special education resources on its website. 

They have also published guidance on ensuring all students get the help they need during the pandemic.

If you are having problems with your child's IEP or 504 Plan, Johnson suggests documenting the issues and talking to the school about them. 

If the issue does not get resolved, Johnson said to contact ASK Resource Center or an educational consultant like her. 

The Iowa Department of Education also has conflict resolution information online at this link.

Watch: Parents worry remote learning is causing kids to fall behind (Nov. 16, 2020)

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