Web Resources for Special Education

Check out my new Squidoo lens all about resources for special education and disabilities on the web! It covers websites that provide useful information, twitter-users who tweet about special education, and interesting books on Amazon. Hope you find it helpful!

http://www.squidoo.com/specialedwebresources

Back to School: Get Ready with Organized School Records

The start of the 2009-2010 school year is fast approaching, and as parents prepare, this is a great time to get all of those IEP documents, assessments, and other school records into order. Organizing your child's files is a great way to ensure that you start the school year out right. With organized files, you are able to find documents quickly, access information regarding your child's needs, and track changes in your child's program. Ultimately, you become a better and more effective advocate for your child. Here's out tips for how to do it:

Records to Gather:

• All of your child's IEPs, including annual IEPs, triennial / three-year reviews, and any addendums or amendments
• Any assessments conducted by the school district, including protocols and notes from those assessments
• Any assessment plans or written correspondence related to the district's assessments
• Any assessments, evaluations or other reports that you have obtained privately / independently
• Progress reports, report cards, and results from periodic classroom assessments
• Statewide or districtwide assessment / testing results
• Correspondence to and from your child's school, teachers, providers, etc
• Discipline records or reports regarding your child's behaviors
• Other relevant documentation regarding your child's unique needs and special education program
• Copy of your "parent rights" that you recieve from the school district

* You have a right to review your child's records from the school district. Make a request in writing in order to review the records or obtain copies.

Supplies Needed:

• Three-ring binders - you will need at least one large binder (more if your child is older / has a lot of records) for older records and one medium to large one to organize this year's documents as you receive them
• Dividers with labels. Color-coded ones work well.
• Inserts with pockets for loose documents
• Hole-punch
• Pen or marker
• Colored paper

Organizing Your Records from Previous School Years:

1. If your child is older, and has many years worth of documents, start by dividing up the documents by elementary school years, middle school years, high school years.
2. Separate the documents in piles by the following categories:
a. IEPs
b. Assessments / Evaluations, Independent Reports
c. Progress Reports, Report Cards, Statewide Testing Results
d. Discipline records, behavior notes, behavior logs, etc
e. Correspondence, communications and emails
f. Other documents
* If your child has applicable medical needs, or other areas, you can add additional categories as needed
3. Within each category, put the documents into chronological order
4. Make labels for each section of your binder using the file dividers. The labels should correspond to the above categories. i.e. Make labels for "IEPs" "Evals" "Progress" "Behavior" "Correspondence" "Other"
5. Put documents into sections in chronological order, using a single colored sheet of paper between each separate document.
* Dividing records by category has the benefit of enabling you to easily find information in your child's files and track changes in IEPs, etc from year to year. Other methods could include dividing by school year; or simply putting all documents in chronological order with an index.

Tips for Setting Up a System for Current School Year:

1. Start with labels for your second binder that match the categories discussed above. Throughout the school year, you can add documents to these categories as you receive them, which will make it easy to transfer them into your archiving binder when the year is over.
2. Add an additional divider labeled "Notes." In that section, add blank paper or some format to use as a log or journal throughout the year. Make notes of any phone conversations, meetings or other discussions with teachers and staff regarding your child's educational program.
3. Insert a folder that can be used for forms and other communications that you need to sign and return.
4. Use either the front pocket of the binder or an insert to hold a contact list with teachers, providers, IEP case carriers, district administrators, your advocate, and others who are important to the development and implementation of your child's IEP.
5. Add additional dividers according to your needs.
6. If you can print out a school calendar, put a copy of it at the very beginning of this binder.

Remember that the goal here is to make this system easy for you to utilize and access, so organize in a way that works best for you!

What to Expect When You're Expecting an IEP

With the start of school looming in the not-so-distant future it's time to get prepared for those IEP meetings - you know the ones you requested at the end of the school year and will be happening sooner than you know it once school is back in session. So here's some pointers for what you can expect when you're expecting an IEP and what to avoid.


Preemptive Strikes


If you requested an IEP at the end of the school year the District may have already scheduled an IEP or may be contacting you shortly to do so. As with many IEPs the District may only schedule a few hours for the meeting. If you think the meeting is going to take longer or, especially in this scenario, the IEP is to review reports from the school district, which you have not received a copy of yet, make a request for two IEP dates. As soon as school starts, if not sooner, send a follow-up letter requesting a second IEP date in the event that the meeting does not finish in the allotted time - indicate that if you have a chance to review the District's reports ahead of time then you likely won't need the second meeting. This will have one of two results: 1) the district will make sure you get the reports ahead of time; or 2) they won't be shocked when you ask to have more time to review the reports and come back a week later to finish the IEP. (Well in all honesty there is a third option where someone moans and whines about coming back again to finish the IEP - in that circumstance let them know that you value their time but you did indicate that you would need the reports ahead of time so they should really talk to the person in charge.)


Another issue that you may need to take a stand on before the meeting even happens is attendance of IEP members. Under the law required IEP team members need to be present or have been excused ahead of time. Required members include the core team members as well as anyone who may have done an assessment, for example. Many a time a school district will wait until the meeting to give you a form to sign to have the member leave or just say they have to leave. If you think you need all the members there the whole time or there is someone in particular whose input you think is necessary - let the district know in writing beforehand that you expect that person or persons to be in attendance the whole time or -again - they can schedule another meeting the following week to ensure full audience/IEP team member participation.

What Not to Say and How Not to Say It

I have clients ask me all the time what they shouldn't say at an IEP meeting. Generally speaking you should feel free to share any information you think is important about your child.

What you should not say is that you want what is "best" for your child. That's the most dreaded four letter word a client could say. As harsh as it may be and even if the district members of the IEP team freely toss it around,your student is not entitled to the "best" and therefore don't ask for it. And if you say it once you can't take it back - someone, somewhere at some point will remember that. (If only there was a citronella collar for parents that would spray them in the face every time they said "best" like with a barking dog.)

Also don't yell at the IEP team. I realize that this is emotional and that now that you can't say you want what is best you're feeling a little frustrated and that someone may be looking at you like you asked for your child to take a shuttle to the moon instead of an extra half hour of speech but above all else it is best if you keep your cool. Why? Well for starters every member of the team may not remember why you yelled but they will remember that you did and that can hurt your creditability later on if you need to go the next level (such as a due process hearing). Second, if you do decide to litigate a matter you don't want the impression that it was done for any other purpose other than to get what is appropriate for your child, and not to retaliate against the school district. Which brings us to a whole other list of things not to say - that you will make them pay, that you will sue someone personally, etc. Basically, you need to be the Mother Theresa, Gandhi, Dalai Lama, Martin Luther King of the IEP team. Find a way to get your point across and still get along with everyone or at least be civil.

Finally, know when it is best to say nothing at all. If the district is digging themselves a shallow grave - let them do it. This is probably the hardest part of any IEP meeting and can probably best be demonstrated with a real-life example. If you are tape recording an IEP meeting and several members of the team indicate that they don't have the power to make a decision in this matter and that you will need to speak to someone at the "district' (which apparently they are not a part of), just ask for clarification ("So, just to clarify you can't offer my student a NPS, speech and language, etc.") and when they affirm it is best to be quiet at this point. Why? Well, if you've been paying attention you would know that this is clearly a big no-no on the part of the IEP team and someone at the "district" may be more willing to be cooperative after you share this snippet of information.

Don't Sign Anything

I've said this before (I'm sure) but don't sign anything at the meeting that you haven't fully had the chance to read - and this goes for more than the IEP itself. What could they possibly ask you to sign, you ask, well here are a few: an invitation to the IEP meeting (that you never received), an assessment plan (for an assessment they will be presenting that you never agreed to or participated in), or an excusal of IEP team members (who you want there). Note that most of these are items that you had to agree to before the IEP meeting, not once you are sitting there ready to go.

My Favorite Thing To Say

And no it is not supercalifragilisticexpialidocious. It may, however, make you sound precocious. Anyway, I have found it is a way to disagree with what someone is saying and yet make them feel in control of the situation. Here's the setup: An IEP team member is rattling off about how your child does not need some related service, let's say speech and language. You, however, have their own report which indicates that the student has needs in the area of pragmatics. What to say: "Correct me if I'm wrong, but couldn't a speech therapist address pragmatics, and doesn't your report indicate that is an area of concern?" And now what can they say? The trick, of course, is to not ever say anything that is wrong and therefore never be corrected.

If after reading this you are under the impression that these types of scenarios could never happen - then it is likely you're a first-timer or early on in the process and would benefit from learning about what is legally mandated to be in an IEP. You should then see the posts labeled "Breaking Down the IEP" - a series of posts that walks you through the nuts and bolts of what goes in an IEP. The most beneficial thing a parent (or teacher, or any other IEP participant) can do is to educate themselves about IEPs, special education programs, and the rights and responsibilities of parents and districts. The more you know, the better you can advocate for your child!

Breaking Down the IEP: Present Levels of Performance

When an IEP team is convened to discuss the program and services for a student with a disability, the school district is responsible for ensuring that a written document is created. An IEP is defined as "a written statement for each child with a disability that is developed, reviewed, and revised in accordance with [the IDEA]." 20 U.S.C. section 1414(d)(1)(A). There are specifically delineated portions of this "written statement" that make up required content for an IEP.

The first on the IDEA's list of required content is "present levels of performance;" often referred to by its acronym, "PLOP."

PLOP means:

"A statement of the child's present levels of academic achievement and functional performance, including (aa) how the child's disability affects the child's involvement and progress in the general education curriculum; (bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and (cc) for children with disabilities who take alternative assessments aligned to alternative achievement standards, a description of benchmarks or shortterm objectives."

Present levels of academic achievement

Academic achievement refers to a child's performance in academic areas, including reading and language arts, math, science, and history or social studies. This refers to what your child knows and can do at the present time as related to the core academic subjects. PLOP in academic achievement should provide the team with information about what the child's skills are. How are the child's reading and math skills as compared to the general education curriculum standards? Did your child meet his / her previous goals related to academics? What level were those goals set at, and if your child did not meet the goals, what level did he/she reach? What does your child's report card say about their performance?

Present levels of functional performance

Functional performance refers to a child's skills and achivement in areas that are "not considered academic or related to a child's academic achievement." See Commentary, Federal Register, at page 46661. Functional skills include areas such as daily living activities, motor skills and communication. Because PLOP must address both academic and functional performance, the IEP team needs to consider all areas of need arising from the child's disability when developing PLOP, regardless of if these areas directly impact academic achievement. Consider factors such as your child's ability to communicate in the classroom and with peers, your child's motor skills needs, any difficulties with organization or work habits, how your child socializes, etc. Ask the teachers for input about how your child "functions" on a day to day basis as compared to other kids his/her age.

How the child's disability impacts involvement and progress in general education

The requirement that PLOP specifically address how the disability impacts involvement and progress in general education curriculum should be considered when developing both PLOP for academic performance and PLOP for functional performance. When considering a child's academic achievement, for example, it is important to compare this to what the child is expected to do / learn in order to make progress in general education curriculum. If your child's disability affects his / her reading skills to the extent that this impacts her progress towards general education curriculum standards, for example, this needs to be noted in the PLOP. In the areas of functional skills, any functional performance deficit that affects how the child can participate in the curriculum should be noted as such. Additionally, the IEP document should consider, as a whole, how the disability impacts involvement in general education. Does the child's disability require a specialized setting or specialized instruction that cannot be provided in general education? Does the child's disability require modifications to the general education curriculum? These are issues the team should be considering when developing PLOP.

Preschool children

There is nothing in the law that states that IEPs for preschool children do not have the same requirements for content as for other students. There is, however, a consideration in the requirement for PLOP regarding preschool children in terms of access to age appropriate activities. For preschool children, it may be the case that they are not yet being taught "general education curriculum," and there may not be specific curriculum standards that apply. Instead, there may be "readiness skills" and developmentally appropriate activities, designed to get the child ready for a Kindergarten program. The IDEA recognizes this, and requires that when appropriate, the IEP document include a statement of PLOP related to how the child's disability impacts his/her ability to be involved in age appropriate activities.

Alternative achievement standards

Prior to IDEA 2004, the IEP was required to include a statement of goals that includes objectives or benchmarks towards meeting those goals for all students with disabilities. IDEA 2004 removed this language under "goals" and instead included additional language under the provision for PLOP. Students who are assessed using "alternative measures" that are aligned to alternative achievement standards, rather than general education standards, require shortterm benchmarks in order to measure their progress towards goals. Although this is now included under PLOP, it will be fully discussed in the next blog post in this series, which addresses goals.

Importance of PLOP to the IEP process

A clear and accurate statement of a child's present levels of performance, both in academic and functional areas, is the foundation for establishing a good IEP. PLOP provides the team with a baseline from which to develop goals, consider necessary services, discuss appropriate specialized instruction, and ultimately develop a program that will meet the child's unique needs and provide educational benefit. If the PLOP is vague, inaccurate or incomplete, then the IEP will likely not address each of the child's unique needs arising from his/her disability.

A sufficient statement of the child's PLOP is also critical for meaningful parent participation. Without accurate and complete information about how a child is performing and functioning, it would be impossible for a parent to be fully informed and to meaningfully participate in discussions regarding the child's unique special education needs.

For example, in an Oregon case, the ALJ concluded that the school district denied FAPE to the student, based in part on the finding that the district repeatedly failed to report the student's current performance or issue reports that documented progress towards IEP goals. The ALJ noted that mere identification that the child had "ongoing educational difficulties" was not enough for a statement of PLOP, noting that the parent did not have enough information regarding how the PLOP was related to the child's IEP goals. The ALJ found fault with the district's "recycling" of PLOP from year to year without updating the information.
Ashland School District, 47 IDELR 82 (SEA OR 2007).

In a New Mexico case, an appeal officer found that the District had denied FAPE to a student because the parents were denied meaningful participation in the IEP process. The IEP documents failed to include a statement of the student's present levels of performance, particularly in the area of reading, and did not include adequate information to allow the parent to fully participate in the development of a program. Because the IEP lacked information about the student's PLOP, parent had an erroneous belief that he continued to require a restrictive placement in a separate facility to recieve adequate specialized instruction. Although the district "recommended" a less restrictive setting, it continued to place the child in the specialized program due to the parent's request. The judge noted that this placement was inappropriate, and that the parent only requested it because of the lack of information she was provided regarding her child's current academic performance.
Rio Rancho Pub. Schs., 40 IDELR 140 (SEA NM 2003).

How specific should PLOP be?

The statement of PLOP should be specific enough to clearly establish with sufficient detail what the child's particular needs are in each area. Vague statements are not sufficient to lay an adequate foundation for a good IEP. The child's levels of performance need to be clearly defined so that anyone reading the IEP and working with the child has sufficient information to be able to address those needs and measure progress.

For example, in a New York case, the state review officer determined that the school district's IEP was inappropriate because the document did not contain sufficient details regarding the child's present levels of performance and specific special education needs. The IEP in question stated that the child had "difficulties" in motor skills and functional communication, but did not identify any specific difficulties that arose for this child. The vagueness of the statement of PLOP meant that the goals were not designed to match the student's actual needs, and therefore there was not a sufficient "foundation" for development of an appropriate program.
In re Child with a Disability, 50 IDELR 236 (SEA NY 2008)

Where information is derived from

Information contained within a statement of PLOP may come from a variety of sources, such as progress reports from previous IEP goals, report cards demonstrating a student's academic achievement in the classroom, informal observations, data collection, formal evaluations, teacher input, etc. Remember those things that the District must "consider" when developing the IEP, as discussed in the previous post. The District should take into consideration a variety of sources of input to develop PLOP that accurately, completely and specifically identifies the child's strengths and weaknesses in each area.

Parent participation in development of PLOP

Parent participation is critical to the development of a procedurally and substantively appropriate IEP, and there is nothing to support an argument that parents should not participate in the development of PLOP. As discussed in the previous post, the "concerns of the parent" are a part of what must be considered when developing the IEP. If the parent concerns are relevant to what the child's current levels of performance and achievement are, it would be appropriate for these concerns to be considered when developing PLOP. On a logical basis, it would be irrational for the District not to include relevant and accurate information provided by the parent in relation to what the child currently knows and can do.

Parents should prepare for the IEP meeting by carefully considering for themselves what the child's PLOP are in areas related to academics and functional skills. Look over information you have been provided throughout the year from your child's teachers and service providers. Make sure you have copies of any statewide or standardized testing results, report cards, progress reports, and evaluations. Make a list of what you see as important performance and achievement information from this information, and use that as a "checklist" when discussing PLOP with the IEP team.

Finally, the discussion of a child's PLOP can be a good indicator of how the remainder of the IEP team meeting is going to go. If the District is not allowing parents to actively participate and provide input, or is not giving the parents sufficient information, during this part, that may be an indication that the District is not going to have a meaningful meeting that involves everyone and develops an appropriate program. Disagreements are certainly possible regarding what a child's actual levels of performance and achievement are, a meaningful discussion of those disagreements should take place. If the parent believes that the IEP document is not accurately describing a child's needs and PLOP, it is likely that the parent also won't believe the IEP is designed to meet the child's needs. Ultimately, everyone needs to be proactive, information needs to be fully shared, and sufficient details need to be provided so that the PLOP really does lay the foundation for an appropriate program.

Private Placements Part 3: Locate an Appropriate Unilateral Placement

In a unilateral placement case, when parents are seeking reimbursement for a private school placement, parents must demonstrate that the private placement the child is attending is "appropriate" for that child. This presents what the courts have deemed a "stringent but not impossible" task. Parents meet this burden by demonstrating that the private placement meets the child's needs and provides the child with educational benefit. Courts will look at whether the placement reasonably serves the child's individual needs.

This analysis is obviously fact-sensitive and varies in every single case. The "appropriateness" of the private placement is something parents need to keep in mind at every stage of this process, from deciding to disagree with the district's proposed placement, to searching for an appropriate alternative, to deciding if/when to seek reimbursement.

Things to Consider:

There are many things parents can consider when deciding on a placement. Its helpful to start out with a list of your child's unique needs as a starting place so that you can keep in mind how the different components of various options may (or may not) meet those needs. Then make a list of the things that would be required to be in a program for it to be appropriate for the child. Utilize your experts and evaluators during this stage if possible.

Examples of factors to think about include:

* Class size: does your child need a small class size with fewer peers? higher teacher:student ratio?

* Campus size / setting: does your child get overwhelmed in a large campus setting? are there safety concerns that may arise in larger settings?

* Specialized Instructional Methods: what specialized instructional programs does your child need? for example, does your child need specialized instruction for reading and is it available at this placement?

* Behavioral Components: what type of behavioral program does your child require? will class-wide behavior modification work? does your child require staff with certain training or experience to address his/her behavior?

* Social Skills Components: does your child need social skills instruction as part of a classroom curriculum component? in-the-moment training and facilitation throughout the day? does your child need access to appropriate social-models in terms of peers?

* Training of Staff: does your child require access to staff with specific training or experience working with kids with particular needs / disabilities?

Thinking about topics like these will help parents to ensure that if they are in the situation of having to choose a private alternative for placement, that placement is one that meets the child's needs so as to be considered "appropriate" when they are later seeking reimbursement.

Remember that the appropriateness of the private placement is only one factor, and only applies if the District's proposed placement is found to be inappropriate. While making a list of your child's unique needs and considering these factors when analyzing placement offers and options naturally will lead to some comparison between the District's placement and the private one, remember that comparing them is not the analysis the court will use. It is not enough simply to show that the private placement is "better," because ultimately you must show that the District's placement was not appropriate.

Private Placements Part 2: When an alternative may be necessary

Unilateral placement cases are highly fact-specific and each case is unique. It is advisable that a parent seeking to place their child unilaterally and obtain reimbursement for the costs of that placement obtain assistance from a special education attorney or highly experienced advocate from the initial stages of this process. An attorney or advocate can assist the parent with following all of the necessary steps in the process along the way.

The previous post in this series talks about when and how a parent gives notice to the school district of their decision to place their child unilaterally at a private school. Prior to reaching the point of providing notice, parents must go through the process of determining that a private placement is necessary for their child. The case law recognizes that such a determination is made at the parents' financial risk; that is, there is no guarantee that the parent would ultimately be reimbursed. Therefore, the determination to take such a step should only be made when it is necessary, and must be done cautiously. This second part of the "private placement" blog series discusses factors and situations that may give rise to such a determination.

Parents have attempted to work with the District to find another suitable alternative

Generally, parents should not rush into a unilateral, private placement without first trying to work within the District's system to locate an appropriate alternative. This doesn't mean that every child has to necessarily "try" the District's proposed classroom before the private placement occurs. But it does mean that parents should work cooperatively with the District, attend and participate in IEP meetings, voice their concerns about placements proposed by the District, go and observe District programs when possible, and provide the District with input from private experts or independent evaluators. If the District has not been given the "opportunity" to provide the student with an appropriate program, ultimately it is likely that a judge will find that reimbursement is not appropriate.

Private placement should be considered, therefore, in situations where the parent has actively and cooperatively participated in IEPs and placement discussions and has made efforts to work with the District to secure an approrpiate publicly funded placement. Many parents only turn to a unilateral placement after visiting / observing all of the recommended placements by the District, having multiple meetings with the District about placement, voicing their concerns, etc, and then determining that there is no appropriate option within the District's alternatives and private placement is therefore necessary. To read an example of such a case, see Board of Education of the City School District of the City of New York, 39 IDELR 56 (SEA NY 2002).

The District delayed completion of or implementation of an appropriate IEP, thereby denying educational benefit

In some circumstances, the district's unjustifiable delay in completing or implementing an IEP may cause such a loss of educational benefit to the student as to support the need for a private placement and reimbursment to parents. Consider whether the district has failed to complete an IEP at all, leaving it "in limbo" such that the student has no program in place. If this has happened, parents may be faced with a choice between leaving their child with no specialized program, or unilaterally placing the child in an appropriate program and seeking reimbursement. If the issue is not development of the IEP, but implementation, it is important to look at whether the component that has not been implemented was essential to the IEP, and the lack of that component meant that the program itself was no longer appropriate. Again, parents are then faced with a difficult choice between allowing their child to continue in the inappropriate program or unilaterally placing him/her. The cases on this issue are very fact specific, so it should not be simply assumed that any time the district fails to implement the IEP, unilateral placement will be justified. Again, it would be a good idea to have an expert opinion regarding the impact of the delay or non-implementation. For examples of such cases, read Board of Educ. of Chatham Cent. Sch. Dist., 39 IDELR 144 (SEA NY 2003 and Ms. M ex rel K.M. v. Portland Sch. Comm., 39 IDELR 33 (D. Me. 2003).

Student has made no progress in the District's program

When a student has already been in a specific program offered and provided by the school district, and that program has proved to be inappropriate or ineffective, it may be time for parents to consider an alternative. This scenario necessitates looking objectively at the data and information about the child to adequately determine if there has been progress or not, and therefore usually requires an expert's opinion. If the student has been in the program / methodology, ask yourself if he/she has made little to no progress in the specific area being addressed. Also, it is important to look at what the District knew or should have been aware of with regards to the lack of progress. Is this a situation where ongoing progress reports, IEP documents and other data were demonstrating for a significant amount of time that no progress was being made, yet the district ignored such data and continued to offer the same kind of program? Or is it a situation where there was no clear data on an ongoing basis, so maybe no one was aware of the lack of progress until the child was reevaluated much later? An alternative placement may be more appropriate in a situation where not only was the district's program ineffective and inappropriate, but the district also continued to offer said program despite indication that it wasn't working. For an example of such a case, read Draper v. Atlanta Indep. Sch. System, 108 LRP 13764 (11th Circuit 2008).

In some cases, there may be data and evidence that not only establishes lack of progress, but actual regression in some areas. If the child is regressing, rather than progressing, under the district's program, then parents may need to look for an alternative. In these situations, expert opinion would be critical to establish regression. Also, you should consider factors such as whether the district knew the child was regressing, how they responded, and whether they are now offering something different. Fo an example, read J.P. v. County Sch. Bd. of Hanover County, Va 46 IDELR 133 (E.D. Va. 2006).

District has offered a prospective placement that is not appropriate

Commonly, parents consider unilateral placements because of a dispute about what the district has offered prospectively. When the district's IEP and placement offer will not meet the child's needs or enable him/her to obtain educational benefit, the parents may need to consider rejecting that offer and unilaterally placing the child. Again, this is a very fact sensitive scenario, and the parents must consider the IEP offer carefully. An expert who can not only evaluate the child's unique needs, but also observe the proposed placement will most likely be necessary. It is important to look at what the child's identified unique needs are and evaluate the proposed IEP on whether or not it will meet those needs. Consider if there is a specific type of setting, for instance, that the child requires, or whether the child needs a therapuetic component to address his/her social / emotional needs. The totality of the factors will be considered in these situations to determine if the district offered FAPE, and ultimately if the parent is entitled to reimbursement for the unilateral placement. For examples of such cases, read Lamoine Sch. Comm. v. Ms. Z. ex rel N.S. 42 IDELR 172 (D. Me. 2005) and Board of Educ. of the City Sch. Dist. for the City of N.Y. 35 IDELR 28 (SEA NY 2001).


Remember that whatever situation arises that causes parents to consider a unilateral placement, parents need to be careful and consider all of the district's options before making such a decision. Consult with experts, providers and persons who know your child. It may also be necessary to consult with a special education advocate or attorney.

The next blog in this series will discuss another issue in private placement cases, which is consideration of whether the unilateral, private placement is appropriate.

Back to the Beginning: How to Get an IEP for your Special Needs Child

If you think your child may require special education, including specialized instruction and services, within the school setting, it may feel very overwhelming to embark on the process of obtaining those services. Here is some basic information to help you understand the initial steps and get you started.

Who May Require An Individualized Education Plan?

If your child has a disability, or you suspect that he or she may have a disability, he/she may require an individualized education plan (IEP) and may be entitled to a free appropriate public education from your school district. Eligibility for special education is based on two factors: First, the child must be a student with a disability; Second, because of that disability, the child must require special education and related services.

Parents may suspect that their child requires an IEP based on many different factors. You should follow up on these suspicions and request an evaluation and IEP (see below) if your child is struggling in school (academically, behaviorally, socially, etc) because of difficulties that you believe may be related to a disability. Maybe your child already has a diagnosed disability from his pediatrician, a specialist, or a psychologist; if you believe that diagnosed disability is impacting him/her educationally, you need to obtain an evaluation and IEP from your school district. Many parents start this process not knowing what disability their child has, but knowing that their child is experiencing difficulties and "failures" in the school setting that don't make sense, or aren't explained by other factors. Ultimately, you as a parent need to follow your instincts, and request the evaluation if you think that a special education program may be required.

How Do You Get the Process Started?

If you suspect that your child may have a disability and may require special education, the first step is to request that your local school district conduct an evaluation. You should make this request in writing. Although it is certainly appropriate for you to verbally discuss your concerns with your child's teachers or other staff, you should not trust that doing so will mean that your child will be referred for an evaluation. Make a very specific request in writing and make sure it gets to the appropriate person at your child's school, and at the school district if necessary. The school staff should be able to tell you exactly who handles these requests so that you can address your letter to the appropriate person.

Your letter should state clearly that you are requesting a comprehensive evaluation in order to determine eligibility for special education and related services. If your child has a diagnosed disability already, it would be a good idea to state this in the letter. Otherwise, you can state what your concerns are that cause you to believe an IEP is required.

Example:

Dear Ms. Administrator:

I am writing in to request an evaluation for special education and related services for my child, Daughter. Daughter is a student in the Local School District and currently attends Local School. Her date of birth is XX/XX/XX, and she is currently in the Xrd Grade.

I am concerned about Daughter's ongoing struggles in school. Although Daughter is smart and capable of learning, she seems to be having a difficult time learning to read, and is falling further and further behind. She is also having a difficult time paying attention, and her teachers have noticed that she is not always on task. Daughter's pediatrician has suggested that she be evaluated for a learning disability. I believe that Local School District needs to conduct a comprehensive evaluation in order to determine her possible eligibility for special education and her unique needs. Thereafter, I am requesting an IEP team meeting to be convened as soon as possible to review the results of the evaluation and to discuss an appropriate plan to address Daughter's educational needs.

I can be reached at 000-000-0000. I look forward to working with you in order to obtain help for Daughter.

Sincerely,
Mother

What are the Next Steps?

After you have formally requested an evaluation and an IEP, the school district cannot simply ignore that request. They will need to respond to you and initiating the evaluation process. If the school district ignores the request and does nothing, you can file a Compliance Complaint with your state educational agency.

Different states have different rules in regards to how the evaluation process commences. In California, for example, after the school district recieves a request for an evaluation, it must produce a proposed assessment plan within 15 days. That assessment plan will need to provide the parent with information regarding what areas will be assessed and what assessment measures will be utilized.

After the parent provides consent for the assessment, the school district will need to conduct the evaluations and convene an IEP meeting within the applicable timelies (60 days, for the most part) to review the results. The evaluations conducted by the school district must be conducted by a multidisciplinary team, and must cover all areas of suspected disability, including health and development, vision, hearing, motor skills, language, academics, general intelligence, self-help skills, orientation and mobility, career and vocational skills, social / emotional status, and communication. See 20 U.S.C. section 1414(b). The evaluation also must be sufficiently comprehensive to identify each of the student's unique special education and related services needs. Ultimately, the evaluation needs to provide enough information to the IEP team not only to determine whether the child is eligible, but also to be useful in developing an appropriate program to meet the child's needs.

What Happens at the Initial IEP Meeting?

The District must convene an "IEP team" to review the findings of the evauation. This team includes parents, a special education teacher, a regular education teacher, a district representative or school administrator, and the persons who conducted the assessment or persons who are qualified to interpret the results of the assessment. Parents may invite other persons with specific knowledge about their child or about special education, like a friend, relative, doctor, tutor, therapist, or advocate.

The IEP team as a whole should review the results of the assessment, the findings, and the recommendations. The team should then consider any applicable eligibility categories, and whether, based on the assessment results and other data presented, the child meets any category. The team should also consider whether the child "requires special education and related services."

Remember that parents are a part of the IEP team, and can and should express their opinion regarding eligibility as well as any other concerns that they have regarding their child's education!

If the IEP team determines that the child is eligible for special education, the next step is the development of an Individualized Education Plan, to include goals and objectives to enable the child to make progress and to meet her unique needs, modifications and accommodations necessary to allow the child to access curriculum, and appropriate and necessary related services and specialized instruction to address the child's needs and enable them to recieve benefit from his/her educational program.

What Happens if The District Says No?

If the school district determines that the child is not eligible for special education, you have the right to disagree with this determination. If you do not believe that the district's evaluation was appropriate, accurate, adequate or sufficient, you also have the right to disagree with the evaluation, and to seek an indepedent educational evaluation at district expense. An independent evaluation can be critical to provide more comprehensive information to support a determination that the child is in fact eligible. You can ask that the school district reconvene the IEP team at a later date to review the results of an independent evaluation and determine eligibility.

If you are disagreeing with the eligibility determination, you should make this clear in writing and base it on your concerns. You may need to seek assistance for a special education attorney or advocate to dispute the school district's determination if you need to file for a due process hearing or mediation.

Private Placements Part 1: Notice of Unilateral Placement

Parents may obtain reimbursement for the costs of private school placement if the Court or Hearing Officer finds that the school district failed to make a free appropriate public education available to the student in a timely manner prior to the student's enrollment in the private school, and that the private school placement was appropriate. Parents considering this option need to consider the notice requirements under the IDEIA. Notice to the school district will be one of the many factors the Court or Hearing Officer will consider in determining if reimbursement is appropriate, and if there should be any reduction in the amount to be reimbursed.


Under the IDEIA, reimbursement can be reduced or denied if:
(1) At the most recent IEP meeting parents attended prior to removal from the school district, parents did not inform the IEP team that they were rejecting the placement proposed by the school district, state their concerns, and state their intent to enroll their child in private school at public expense;
OR
(2) At least 10 business days prior to the removal, parents did not give written notice to the school district of the fact that they reject the proposed placement by the school district, their concerns, and their intent to enroll their child in private school at public expense.
See 34 C.F.R. 300.148(d)

Notice to the school district is one consideration under the equitable factors that may affect the outcome of unilateral placement cases. The basic idea is that the parent needs to let the school district know about their concerns, their disagreement with the offered placement, and their intent to enroll the child elsewhere. This is based upon a fairness principal - if you are ultimately expecting that the District is going to reimburse you for that placement, it is only fair that you put them on notice of that intention and expectation! Although their are exceptions to this rule and certainly different interpretations and findings, parents in general need to provide the District notice and comply with this requirement in order to preserve their right to seek reimbursement. Ultimately, failure to give notice at the IEP or in writing may result in a finding that parents were withholding information and thereby acting in bad faith.

At the IEP Meeting

Parents can give notice at the IEP meeting, but should be careful not to seem as though they came into the meeting with a firm committment to enrolling their student in the private school and unwillingness to consider what the District has to offer. If notice is being given at the IEP meeting, parents should

1. Carefully articulate their concerns about the school district's offer AFTER the school district has had the opportunity to develop the IEP and make an offer of placement. Make sure to ask questions and participate in the discussion about the placement, and then provide clear information to show that you considered the offered placement but did not find it to be appropriate.

2. Clearly state that you are rejecting the school district's offered placement because it is not appropriate, and not because you simply prefer a private placement.

3. Clearly state that you intend to enroll the student in a private placement. Indicate why you think this placement is appropriate. State that you will want the District to reimburse for this placement because you believe it is necessary to provide your child with a FAPE.

4. Don't fall into a "parentally placed private student" trap. Many times the District will try to get you to sign a document that states that you have been offered a FAPE and choose to enroll your child in a private placement anyway. The District will then use this to identify your child as a privately placed student. Emphasize that you are not rejecting the District's offer because it is not FAPE, and that therefore you will not agree to designate your child as a privately placed student because you believe the District still has an obligation to him/her in terms of his educational program.

Written Notice

Parents can also give notice in writing directly to the school district. If written notice is being provided, parents should

1. Clearly state in writing that they disagree with the District's offered placement / the current placement that the child is in. The letter should state that the parents no longer feel this placement is appropriate.

2. Briefly state concerns regarding the placement and other issues as appropriate. Give reasons why the current placement is not appropriate.

3. Provide a date that the child will be removed from the district's program and the date upon which unilateral placement will begin. Remember that the notice must be given 10 business days prior to the removal from the district's program.

4. Specifically state that the parent will be seeking reimbursement for this placement. Parents should specify that they believe that the unilateral placement is appropriate and necessary to provide the student with a FAPE.

Why Not Do Both?

It is not a bad idea to provide notice in both ways. Although the strategy for a unilateral placement will vary on a case by case basis, remember that the ultimate goal is to make sure you give the District a heads up about the disagreement and the unilateral placement and allow them the opportunity to respond. If there is an IEP meeting happening, and you already know that you disagree with the District's placement and are seeking a different placement, you can give notice at that time, and then follow it up in writing. Sometimes, parents may know that they disagree with what the district is offering but don't know whether they are going to unilaterally place the child. You could still give notice that you disagree, and even that you are going to be seeking an alternative placement, and then follow it up with specific details in the notice letter. Remember, these facts will all be considered under the principles of "equity," or fairness, so think of it in terms of how you can be fair to the District by giving them notice rather than withholding information.

Ultimately, notice is just one factor among many in these cases, but unfortunately many unilateral placement cases do not come out in favor of the parents if the parents failed to give proper notice or withheld information from the District. For specific information on a case by case basis, it would be advisable for you to seek guidance from an attorney or experienced educational advocate as you go through this process.

Fast Fact Friday: Requesting an IEP Meeting

A student's Individualized Education Plan must be reviewed

• at least annually
• whenever there are evaluations / assessments to be reviewed by the IEP team
• to address lack of expected progress
  
• at the request of the teacher / staff
• at the request of the parent

Parents often don't know that they can request an IEP meeting at any time! They may be concerned about their child's lack of progress, or new concerns that have arisen, or think some information needs to be provided to the team, but be waiting for the District to call an IEP meeting!

When & Why

Parents may need to request an IEP team meeting for many reasons. Trust your instincts and judgment - if you think that the team needs to meet and possibly make changes to the program, just ask for a meeting! Here are some examples of common situations:

• Parent obtained a private evaluation or met with the student's doctor, and recommendations pertinent to the student's program were made
• Parent is concerned about student's failing grades, lack of progress towards IEP goals, or other indications of lack of progress in the existing program
• Parent believes the student's needs have changed, such as that there are new behaviors the student is exhibiting
  

Parents can make a request for the IEP team to convene to discuss these concerns and make appropirate adjustments to the IEP. The timeline for when the District will then be required to hold an IEP meeting is determined by state laws and regulations. (In California, for example, it must be held within 30 days).

What & How

Like everything else, this request should be made in writing. Parents should send a letter to their child's school of attendance and to the school district special education office clearly requesting an IEP meeting to be convened as soon as possible.

It's a good idea for parents to give some indication of why they are requesting an IEP meeting so that the District team members can come to the meeting prepared for a meaningful discussion. If the parent is requesting a meeting to review a private report, for example, the parent should offer to provide a copy of the report for the team's review. If the request is based on a concern about the student's lack of progress, briefly document the basis of that concern.

Give the District dates and times that you are available to have the meeting, or request that they contact you by a certain date to discuss mutually agreeable dates.

Goals Related to General Education Curriculum

I hear lots of interesting things at IEP meetings, and recently I've heard several comments on the theme of including goals in an IEP to address general education standards.

In one meeting, a district resource teacher stated that "the law prohibited the IEP team from including goals in an IEP that were based on what would be taught within the general education curriculum."

Another teacher stated that goals related to general education were never appropriate for a student who is "severely disabled."

A district administrator stated that if all of the goals were based on regular education standards, rather than below grade level, this meant that the child should be exited from his IEP because clearly he didn't need special education.

Yet another claimed that "this district doesn't write IEP goals related to Science because no one has a Science disability."

At each of these meetings, I have patiently explained that the law requires IEP goals to address a child's unique needs in order to enable that child to make progress towards and participate in general education curriculum, and that if a child is expected to reach regular standards, but will require specialized instruction or related services to do so, then it would be appropriate to have a goal in that area. More and more, I am seeing IEP teams dismiss this request and insist that IEP goals cannot be written to address regular education standards. So, I've been compiling some information about this issue during these last few weeks of "IEP season" and I wanted to share that information with you.

What does IDEA say about this?

The IEP document must include a statement of measurable annual goals designed to meet the child's unique needs that result from the child's disability, to enable the child to be involved in and make progress in the general education curriculum. See 34 C.F.R. section 300.320(a)(2).

In Appendix A to Part 300, at Question 4, the Office of Education stated that a public agency is not required to include in an IEP annual goals that relate to areas of general curriculum if the child's disability does not affect the child's ability to be involved in and progress towards the general curriculum in that area.

Nowhere in the law is there a statement that a child's IEP cannot or should not include goals related to the general education curriculum. Further, there is no disclaimer stating that the requirement that goals be included to enable the child to be involved in and make progress in the general educaiton curriculum does not apply if the child is severely disabled.

When should the IEP address general education curriculum standards?

An IEP should include goals for areas related to the general education curriculum if the student requires special education or related services in order to make progress or participate in that specific area.

Remember that the IDEA defines special education as specially designed instruction to meet the unique needs of the child. Specially designed instruction is defined as adapting as approrpiate to the needs of the child, the content, methodology or delivery of instruction to address the unique needs of the child that result from the child's disability and to ensure access of the child to the general curriculum so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children. 34 C.F.R. section 300.39(a)&(b).

Look at your state's or district's expected standards for each grade level. (Click here for California Content Standards). Each state has content standards for each grade level that define what students are expected to learn in each academic content area. The question is not whether the ultimate goal is for your child to reach the same level at the end of the school year as the other students; the question is whether your child's disability impacts his/her ability to reach that level. If it does, then it may be appropriate to include a goal for that skill. Look to current evaluation data to determine what areas of the curriculum may be affected by your child's disability.

Start addressing this in the Present Levels of Performance (PLOP), and use that information to determine if a goal is needed. The IEP's statement of PLOP must include the student's present levels of academic achievement and functional performance including how the student's disability affects the student's involvement and progress in the general education curriculum. 34 C.F.R. section 300.320(a)(1). For each area under PLOP, there should be a statement of how the student is currently performing as related to the grade level expectations based upon the content standards. This information can come from a variety of sources, including assessment data, classroom records, standardized testing, teacher input, progress reports, etc. Look at the PLOP to determine where there are areas where there is a "gap" between the grade level expectations and the child's functioning level.

What is the importance of including general education expectations in the IEP?

There is a preference in law and policy for including students with disabilities to the maximum extent possible in the regular education setting. Addressing general education curriculum expectations for students with disabilities, however, goes beyond the LRE debate. This issue is about the underlying goal of the IDEA to end the practice of "lowering expectations" for students with disabilities. Its about the ultimate goal of ensuring that students are educated in such a way that they are prepared for the world when they leave high school.

The IDEA "findings" state that "the education of children with disabilities can be made more effective by... having high expectations for such children and ensuring their access to the general curriculum to the maximum extent possible, in order to meet the developmental goals and the challenging expectations that have been established for all children and... be prepared to lead productive and independent adult lives..." 20 U.S.C. section 1400(c).

No Child Left Behind reiterates this finding, noting that its purpose is to "ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging state academic achievement standards and state academic assessments." It goes on to indicate that this purpose can be achieved by "meeting the educational needs of low-achieving students, including students with disabilities." 20 U.S.C. section 6301.

Reflect on these considerations as you consider the appropriateness of IEP goals related to general education curriculum. A district team member once told me that the only way she would write an IEP goal related to a grade level math standard for a particular student was if the expectation was reduced from learning 30 numbers (as stated in the standard) to learning 15 numbers. When this kind of determination is made arbitrarily because of a misguided belief that grade level goals are not permissible, rather than based on any information about the child's actual levels of functioning, it is not conducive with meeting the purposes of the IDEA. Certainly, an arbitrary assumption that simply because a child is disabled, he could not possibly be expected to reach the grade level standard, is not "having high expectations for such children."

Ultimately, the most important thing to remember is the "I" in "IEP." The IEP must be individualized for the specific child based on his/her specific unique needs, strengths and levels of functioning, and considering information regarding how that child's specific disability affects his/her ability to progress in and participate in the general curriculum. The IEP must ensure that the child is able to make progress and receive a meaningful educational benefit. We should all be wary whenever we are told that "this district doesn't write those goals" or that inclusion of general education standards would "never be appropriate." Ultimately, whether the IEP should include a goal that is related to a general education content standard is an IEP team decision, and should be based on the specific scenario rather than any preconceived notions about the issue.

Fast Fact Friday: Who is Required at IEP Team Meetings?

Under the law an IEP "team" is made up of one or both of the parents, at least one regular education teacher of your child if they are participating in a regular education setting, at least one special education teacher or provider, a representative of the district, someone who can interpret the instructional implication of any evaluations being reviewed and at the discretion of the Parents, other individuals who have knowledge or special expertise regarding the child, and if appropriate the child.

Example: If your child had more than one regular education teacher only one needs to be present at the meeting.

An IEP team member does not need to attend in whole or in part if the parent and the district agree that the attendance is not necessary because the member's area of curriculum or related services will not be modified or discussed in a meeting.

Example: If you're having a meeting to discuss OT services the SLP does not need to be there.

An IEP team member may be excused from attending the IEP meeting if the meeting involved modification or discussion of the member's area of the curriculum or related services if: (1) the parent and district consent to the excusal; and (2) the member submits in writing to the parent and IEP team, input into the development of the IEP prior to the meeting.

Example: If during the IEP meeting LAS services will be discussed the SLP does not have to attend if Parents consent to the excusal beforehand and the SLP submits her recommendations in writing before the meeting.

References: 20 U.S.C. section 1414(d)(1)(C)

District obligations when you transfer schools

For any parent, the decision to transfer a child from one school to another is an overwhelming one. For parents of children with special needs, this decision is even more daunting. What does the school district have to do about your child's IEP? Does the new school have to assess? Does the new school have to hold an IEP meeting? Where should your child be placed in the mean time?

This blog is a brief overview of what the new school district must do, at least initially, to meet your child's educational needs. The following only applies to students, in California, who already have an IEP when they transfer.

1. Transfer from one district to another, within the same state

If you transfer within your same state to a new school district, then for up to 30 days the local educational agency must provide your child with FAPE. This offer of FAPE must include services comparable to those described in the previous IEP document and the new district should consult with the parents in determining what is "comparable."

At the 30 day point, the new school district must adopt the previously approved IEP that is consistent with the law.

2. Transfer from one district to another, within the same special education local plan area ("SELPA")

If you transfer districts, but you are within the same SELPA as the previous school (what is a SELPA?) the new district must continue, without delay, to provide services comparable to those described in the existing approved IEP unless the parent and the local educational agency agree to develop, adopt, and implement a new IEP that is consistent with the law.

3. Transfer from one state to another

If you transfer from another state into California, the local educational agency must provide the student with FAPE. These services must be comparable to those described in the previously approved IEP and the new district should consult with parents in determining what is "comparable."

In this scenario, the Education Code vaguely addresses assessments by stating that the local educational agency must provide FAPE until it conducts an assessment, if determined to be necessary by the local educational agency, and develops a new IEP, if appropriate, that is consistent with the law. However, there is no mandatory obligation that the new district conduct assessments.

4. Other Requirements

In addition to the above, the following requirements also apply:

• The new school must "take reasonable steps to promptly obtain the pupil's records."
• Each local educational agency must ensure that assessments of individuals with exceptional needs are coordinated with the individual's prior and subsequent schools, as necessary and as expeditiously as possible.
  

5. The Big Picture

So what does this all mean? If any confusion arises, remember, the bottom line is that the District still has the obligation to provide your child with FAPE. Even where there is an interim period, after the first 30 days, every child should be provided with an appropriate education to meet his or her unique educational needs.

What to watch out for? If you enter a new district and its offer of FAPE does not appear to be "comparable" to the placement and services in the previous IEP, then do not blindly accept the new district's offer. You still maintain all your parental rights. In this scenario, request a full battery of assessments and then an IEP meeting where those assessment results can be shared. It is important to keep in mind that the new school district does not yet know your child, so you may have to advocate harder than before to ensure it learns what your child's unique needs are, and what services are appropriate to meet those needs.

Any strategy? To avoid any additional confusion, in most cases, it is the best idea to ensure that before you transfer districts that you have an agreed upon and implemented IEP. However, this does not mean that you should consent to an IEP just for the sake of transferring - but where there is an appropriate IEP, make sure it is consented to and implemented before the transfer.

My situation is a little different.... Please, let us know if your scenario is not covered in the above, and we would love to participate in a discussion with you and other blog readers about what your options may be! (Contact special education attorneys)

Guest Blog at Parents Place

"Every child deserves a proper diagnosis. Every child is worthy of a free and legal education. Every parent is entitled to know their options." This is the proclamation on the welcoming page for the Diagnosing Parents Rights website. The site, authored by writer and activist Sera Rivers, is a full of information and encouragement for parents of kids with disabilities. In addition to information about Sera and her journey as a parent, the site contains useful links and is home to "Parents Place," a blog / discussion board for parents. I was impressed by the creativity and enthusiasm with which the information on this site is presented, so when I was asked to guest blog at Parents Place, I eagerly agreed. The topic is advocacy strategies for parents, and I shared some of the top tips for advocacy based on my experiences in attending IEPs with many parents over the years. Parents - this blog post is for you, and I hope you find it useful and insightful!
www.diagnosingparentsrights.com

A Conversation with Advocates, Attorneys, and a school district board member

This morning, Elizabeth and I attended a breakfast and tour at Aviva High School, a non-public school here in the LA area. As part of the morning's activities, Aviva had invited Marlene Cantor, LAUSD board member, to be a guest speaker. The audience included advocates and attorneys who represent special needs kids. I can't speak for everyone, but I found Marlene's comments to be very insightful. The conversation focused on issues related to the relationship between parents and school districts. While this is a big, important conversation beyond the scope of an hour-long talk, I appreicated hearing Marlene's thoughts on these issues, which were exactly on point to what we all need to be doing to take steps in the right direction towards collaboration. So, I wanted to briefly summarize in our blog:

1) Bring the focus of the conversation back to the child! Too often we focus on the actions of the other side, how rights have been violated, or (on the part of the district) what has to be done to meet technical compliance. This isn't what it is about. The conversations related to special education programs have to be focused on the kid, not on adult feelings and issues. What Marlene said about this that I found particularly insightful was that we all have to remember to take responsibility for how we engage in these conversations, and we as adults need to focus not on our own feelings or opinions, but on the needs of the child and that child's best interest.

2) Come to the table with compassion and understanding! Parents of kids with disabilities obviously already have a lot to deal with emotionally. As Marlene put it, the last thing they need is to come to the school looking for help and get stuck in some "compliance driven process" rather than being able to focus on helping their child. Teachers and administrators need to remember this, and they need to approach conversations with parents with true compassion for what those parents are experiencing.

3) Relationships are the key! Marlene talked to us about the importance of starting out by building a relationship. This applies to parents, teachers, administrators, advocates and attorneys, to people on both sides of the issue. We all need to work on building relationships when possible, so that we can be collaborative when the situation calls for it, and effective in our advocacy when we need to be more zealous.

Overall, I enjoyed hearing a presentation from a very balanced viewpoint on the issue of special education. I think we can all recognize, no matter what "side" of this we are on, that the community as a whole, including advocates, attorneys and folks on the school district side, could be doing a lot better in terms of collaborating to meet the needs of these students.

These discussions were certainly thought-provoking to all of us there. You can look forward to future blog topics related to the issues of relationships between parents and school districts, as we believe there is a lot to discuss on that subject!

Top Ten Ways to Protect Your Rights and Keep Your Sanity

By the time we meet with Parents they are usually so frustrated with a school district or an administrator that they are ready to cry or pull their hair out (their own or the administrator's). Here are just a few tasty tidbits that can keep you from losing your mind as well as protect your rights along the way.

10) Never sign anything before you have a chance to completely read the document. This goes for assessment plans, IEPs and even settlement agreements. Just because the district, an assistant principal or a teacher tells you something doesn't meant it is written in the document. Read it and then reread and then have someone else read it.

9) When in doubt write it out. Put everything in writing - it can't hurt. There are many rights under the law which are not activated until you document your request in writing or provide the district with written notice. For example, always put in writing a request for assessments, a request for documents, and a notice of your intent to remove your child from a placement. Take notes during IEP meetings (or have someone else do it for you) and during telephone conversations. I like to follow up particularly "interesting" telephone conversations with a letter that documents all the statements made by the other party that are false or outside the scope of what is allowed under the law (you may want to save this for a particularly noteworthy conversation as the person will be less likely to say anything that "interesting" ever again).

8) You don't want the "best" you want what is "appropriate." Whenever a Parent says "best" at an IEP meeting I wince as it is a perfect opportunity for a district representative to pipe in about providing that child with a basic floor of opportunity. If you keep focused on what is appropriate they won't ever be able to say that you are after the "Cadillac" (although personally I would prefer a more efficient car - but I digress).

7) Don't over rely on technicalities. The law is filled with procedural rights that are meant to protect Parents and children but if you get caught up in the technicalities you could lose focus of the big picture - what your child needs to make educational progress. Unfortunately, a hearing officer or an administrative law judge is probably not going to care that the district didn't provide you with "prior" written notice that your child was no longer going to receive speech services - especially if you can't find anyone who recommends that he still needs speech services.

6) You need to learn to share. Provide the district with copies of all reports that you have done and with information about outside services you are providing. Parents sometimes want to keep information, such as independent evaluations or the fact they are providing services a secret until a hearing. This only makes you look like you have more to hide down the line and provides the district with the perfect defense - "had we known we would have paid for it/implemented it/considered it" (or the more likely "we would have provided you with notice we weren't going to pay for it/ implement it/ consider it").

5) Keep and organize all your documents. While you can always request records from the school district it is much easier if you have kept your own set of records if you need a document immediately or if you need to provide your documents to an advocate or an attorney. Also if there is going to be a "smoking gun" (and there usually isn't) it will be that the district has a "different" version of a document at a later date and your original document will help clear up any confusion. Also don't write on the documents - they may need to be used later as evidence and clean documents are better than ones where Parents have scribbled out words or taken notes all over.

4) Kill them with kindness. This could be a hard pill to swallow especially to Parents who have had a hard time with a particular administrator in the past but just because you are having a disagreement over services does not mean that you should be rude or get angry with someone as it usually won't serve any purpose - other than bringing a meeting to a screeching halt or making Parents look vindictive if they file for due process later. I've found that you can get a lot more information out of people if you are polite rather than calling them a liar or throwing papers in their face. Also you will come across as a much more credible witness to a hearing office or administrative law judge if you don't have a history of battering district employees.

3) Be the squeaky wheel. You can't assume the district will do what's right, fair, appropriate or even legal. While you should be courteous that doesn't mean you should lay down and let them roll over you. If you want an independent evaluation- ask for it. If your student isn't making progress - request an IEP. A school is much more likely to address your concerns if you let them know what they are on a regular basis rather than waiting until your child's annual IEP to ask questions.

2) Learn the lingo. An IEP can be all about whether your student needs an SDC to address his SLD because RTI was unsuccessful based on his PLOP and if any other DIS services are needed for FAPE. If you have no idea what any of these acronyms mean you are going to quickly get lost at an IEP meeting. While you can certainly ask a district representative to explain them to you (although in my experience they hardly ever know what DIS actually stands for) you will have an easier time of it if you familiarize yourself with the acronyms and any other vocabulary related to your child's disability beforehand.

1) If you need help - ask for it. This can all be overwhelming and technical to a Parent who hasn't been through the process before and there are advocates and attorneys who can help you navigate through it. If you can't afford an attorney or advocate there are organizations that will work with parents at little to no cost and with a little research you should be able to find some in your area. Also consider joining a parent support group as there will be parents there who have been through the process and likely willing to give you some advice or even come with you to an IEP meeting.