A Critical Transition Point
The parents of Beth, an Anne Arundel County child, came to us as their daughter approached the transition from early childhood services to kindergarten. Beth had been receiving intensive behavioral services for autism through a specialized early childhood program, including applied behavioral analysis therapy. Her providers recommended that the family secure an IEP and consider delaying kindergarten by one year so Beth could continue receiving intensive autism services for another year before starting school.
The parents had questions about whether delaying kindergarten was legally permissible in Maryland. We advised them that Maryland parents do have the right to make this choice under certain circumstances. We explained the situations in which this option is available and who they should consult before making such a decision. This choice should not be taken lightly, and we worked with the family alongside their outside providers to reach an informed decision.
The Decision to Delay
After careful consideration, the family decided to delay kindergarten for one year. During that year, while Beth was five, she continued to receive intensive behavioral services for autism. This additional year of focused intervention prepared her for the demands of a school setting.
When Beth turned six, she was ready to begin kindergarten. The parent contacted Anne Arundel County Public Schools to develop an IEP before the school year started. In some cases, school systems delay this process, which can result in children beginning school without appropriate services in place. We worked to ensure that did not happen here.
Navigating the IEP Process
The parent was new to the IEP process. Because Beth was young and this was their first experience with the school system, they sought our guidance to attend IEP meetings and support them through the development process. IEP meetings can be overwhelming for parents, particularly those of young children who have not been through this before. Six to twelve school staff members from various disciplines typically attend, while one or two parents represent the family. That imbalance can make the experience intimidating.
Having an attorney present gave the parents confidence that their child’s best interests remained the primary focus. We ensured that all of Beth’s rights under IDEA were followed and that the proper process was maintained without shortcuts. Our role was to support the parents while making sure the school system adhered to legal requirements.
Building an Appropriate IEP
We reviewed Beth’s current functioning, including recommendations and performance data from the intensive services she received during ages four and five. This data formed the foundation for IEP development. We attended IEP meetings with the parent to ensure their voice was heard throughout the process.
We strongly believe that parents are experts on their own children. The IEP we helped develop incorporated recommendations from outside professionals as well as the parents’ expertise about their daughter. We made sure the parents’ perspective was clearly represented in the final document.
A Successful Start to Kindergarten
The IEP was completed before the start of the school year. Beth began kindergarten with the supports she needed and was entitled to under the law. The parent felt confident about the start of the school year, knowing the appropriate services were in place from day one.
We also secured an early introduction for Beth to meet her classroom and teacher before the first day of school. This additional step helped ensure a smoother transition for a six year old with autism entering a new environment.
Progress and Adjustment
Beth started kindergarten with intensive services in place. She had a very smooth first semester. By the middle of the school year, some services were able to be reduced because she had adjusted well to the elementary school building, the kindergarten classroom, and the adults she worked with.
The reduction in services was not a setback. It reflected Beth’s successful adjustment and allowed her greater access to the least restrictive environment and her non-disabled peers. The intensive foundation, combined with appropriate supports from the start, enabled her to thrive in the general education setting.
Talk to a Maryland Special Education Attorney
If your child is approaching the transition from early intervention to kindergarten, or you are weighing whether to delay kindergarten to keep services in place, we can help. Contact Joseph & Rabb for a free intake conversation with our Client Services Coordinator.
About the author
Nicole Joseph is a special education attorney at The Law Offices of Joseph & Rabb. She has spent 22 years advocating for children with disabilities, first representing hundreds of children at Disability Rights Maryland and now in private practice. She works frequently with families at transition points, including the move from early childhood services into the public school system, where decisions made before a child’s first day often determine what the next several years look like. She is also a parent who has been through the special education process.
About The Law Offices of Joseph & Rabb
The attorneys of the Law Offices of Joseph & Rabb have represented Maryland students and families for more than twenty years. In addition to the hundreds of children we have represented, our attorneys helped write school discipline regulations used across the state, consulted on the Ready to Read Act which ensures that young children in Maryland are screened for reading concerns, have served as members of the boards of educational nonprofits, and are members of the Council of Parent Attorneys and Advocates. Every one of us has also been a parent navigating this system.