Assistance for Military Families with Special Education Issues

By Donna Herron, Fort Bliss Legal Assistance Office

Due to the transitory nature of the military, military children may transfer schools more often than your average student. Military children with special needs may have an even more difficult time when transferring their Individual Education Plans to a new school.

If a child transfers public schools within the same state in the same school year, the new school must follow the previous IEP until the new school adopts the IEP from the previous school or develops and implements a new IEP.

If a child transfers public schools in a new state in the same school year, the new school must follow the existing IEP until the new school conducts an evaluation and develops, adopts, and implements a new IEP.

However, midsummer transfers are more complicated. The gaining schools have discretion as to the method of ensuring a midsummer transfer student’s IEP is in effect during the new school year. Schools that refuse to convene the IEP team for a new incoming student must provide what is called “Prior Written Notice,” justifying the decision.

The Fort Bliss Exceptional Family Member Program office is a great tool that military families with special needs children should take advantage of. EFMP can assist families in identification and enrollment in EFMP, in determining the availability of services for that special need at the projected duty station and identifying and accessing programs and services for the child as well as the family. The Fort Bliss EFMP has qualified case workers who assist families advocating for their special needs children with the school. The Fort Bliss EFMP and Legal Assistance Office work together with families who are having issues with their special need children and the school.

The IEP committee, which is made up of different school personnel, the parents, and other professionals (therapist, social worker, occupational therapist) with knowledge and input, must meet at least once a year to review the child’s IEP and determine whether the annual goals are being met. The committee may meet more often than once a year to review the child’s IEP if needed to address any lack of expected progress, the results of any reevaluations, new information provided by the parents, or anticipated needs of the child. To learn more about the process in Texas go to the Texas Education Agency website at https://tea.texas.gov/academics/special-student-populations/special-education/sped-family-resources-0. This website is an excellent resource whether you are new to special education issues or just new to the State of Texas.

A parent may request a committee meeting to discuss concerns about the child. The school must either grant the written request or within five school days the school must provide, in writing, an explanation for the refusal to convene a meeting. The parent and the school can agree to make changes to the IEP but there must be a written document reflecting the agreed-upon changes.

Other legal issues come into play as the child turns 18 because the parents’ authority to make decisions for that child ceases. If the now adult with special needs is competent to make their own personal and medical decisions, they will make their own decisions from this point forward.

If the now adult with special needs does not have the mental capacity to make their own decisions regarding medical decisions, or is unable to provide food, clothing, or shelter for himself, a court-appointed Guardianship may be required to name a Guardian who will make those decisions on behalf the incapacitated person.

There are also less restrictive and less costly options available depending on the incapacitated person’s ability. The person can give a medical power of attorney to an agent to make medical decisions without going to Court. The incapacitated person, again depending on their ability, can give an agent a Durable Power of Attorney that would allow the agent to make financial decisions on the person’s behalf. Lastly, the incapacitated person can name a Payee for their Social Security Benefits.

If you have any further questions on this topic and want to speak with an attorney, please schedule an appointment with the Fort Bliss Legal Assistance Office by either calling (915) 568-7141 during office hours or emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@mail.mil anytime.