Unfortunately, it seems like every day at least one school in Central Florida is locked down by law enforcement because of some threat to the school.
While disruptive to teaching and extremely scary to our students, nearly all of the threats to schools rarely are seen through.
If you are a parent of a child with an Individualized Education Program (IEP) review how the school helped your child during the threat to see if a child’s special needs are being addressed during an emergency.
Was there someone to help a child in a wheelchair when the elevators or stairs were closed?
Was an autistic child providing all the tools and devices they needed?
Who made sure a deaf student knew there was a drill?
If your child has an Individualized Educational Program or IEP, it is truly critical to ensure those needs are taken care of during an emergency.
It quite simply is a matter of life or death for some of our children.
The attorneys at The Orlando Law Group help parents throughout Central Florida work with their schools to develop an IEP and ensure the plan includes instructions on what to do during an emergency.
What is an Individualized Educational Program?
If you have a child with unique needs, you’ve almost certainly worked with your school to build an IEP. These are required by state and federal law to ensure all children receive the best education possible with the least amount of disruption.
For some children, it is as simple as giving extra time during tests or making accommodations on how homework is given.
For other children, it can be significantly more. For instance, for deaf and hard-of-hearing children, a communication plan must be part of any IEP per state law.
According to the Florida Department of Education, an IEP is a document that is designed to meet your child’s unique educational needs. It’s not a contract, but it does guarantee the necessary support and services that are agreed upon and written for your child.
At the least, the IEP must contain these pieces of information:
- Present levels of educational performance
- Goals
- Special education and related services
The state also says the IEP will address the following:
- Supports and strategies for behavior management, if behavior interferes with her learning or the learning of others
- Language needs as related to the IEP as outlined in the communication plan
- Communication needs as outlined in the communication plan
- Assistive technology devices or services required
- Necessary accommodations in the general education classroom
You’ll note that none of those bullets or on the state’s IEP checklist found here is any reference to safety, code red drills or emergencies.
It’s up to you to make sure those are included in your child’s IEP.
How do I Have Safety Measures Included?
One of the steps in the process of building a program for your child is a meeting with teachers, administrators and counselors who are all involved in the education of your child.
While educating your child will be the primary goal of the meeting, we encourage all parents to ask about how their child will be taken care of during an emergency.
This is not always a threat of a school shooting or a bomb scare, it’s also what happens if there is a gas leak, a tornado warning or many other situations that can arise.
It should also cover accidents while riding the bus, a much more common occurrence than other emergencies.
Autism Parenting Magazine wrote a tremendous article on how to ensure the safety of your child during an emergency, including a list of questions to ask during your IEP meeting.
Here are a few of them:
- Who, specifically by name, is responsible for getting my child to safety in an emergent situation?
- Who, specifically by name, is the backup person if the primary person is unavailable?
- Does the staff responsible for my child need training and practice? Will they practice with my child? When, where, and how will this practice take place? Who, specifically, will be involved? Who, specifically, will be providing the training?
- Should there be separate plans for a lockdown, an evacuation, a fire, a tornado? Who, specifically, will be responsible for teaching my child about the different types of emergency situations and how to respond appropriately?
- How will my child access medications or medical supplies such as personal care, food, headphones, or calming items to keep him or her safe and quiet? If my child uses an assistive technology device to communicate, how/will that be transported with my child or what alternate method of communication will my child temporarily use?
- Will a “to-go” bag be made up for my child? What will be included? Where will it be kept? Who, specifically, will bring it to my child? Is a separate bag needed for the school bus? Is a copy of my child’s emergency plan included in the kit?
- Does there need to be separate plans for each location such as the classroom, in communal areas like the cafeteria or playground, or on the bus?
- Where can I go to locate my child in case of an emergency evacuation?
- What are some talking points I can use to talk with my child and some ways to practice at home?
- Does my child know what to do if the teacher’s or supporting adult is seriously injured or dies?
- Will all emergency plans be in place, staff trained, etc. on the first day that students arrive in the building?
The article suggests many more questions to ask, which is key to making sure your child remains safe.
When do I need an attorney?
In most cases, a school will work hard to ensure your child is safe and is educated to the best of their ability. However, you may not agree with what is being offered and believe the school is not providing the required services in your child’s IEP.
If you do not agree, simply write “Not in agreement” on your child’s IEP and additional steps will be taken. This includes the school or you bringing in experts in this realm to help build the IEP.
That’s when it is important to work with The Orlando Law Group, which specializes in helping parents find success in their child’s IEP. This includes ensuring all protocols for your child’s safety are included in your IEP.
The attorneys at The Orlando Law Group can these types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on September 30, 2024 by The Orlando Law Group
