Education tips and articles » Individuals With Disabilities Education Act

6 Parenting Tips To Help You Assertively Participate In Your Child’s IEP

admin — Thu, 15 Apr 2010 18:08:02 +0000

Are you the parent of a child with a disability in special education,
who would like parenting tips on how to be an equal participant
in your child’s Individual Education Plan (IEP) development? Are
you afraid to give your opinion, because you are not a professional?
Then this article is for you; learn 6 easy to use tips that will help
you assertively participate in the process, for the good of your
child.

Tip 1: Ask a lot of questions. The process can be overwhelming;
The IEP meeting usually has 5-10 disability educators plus the
parents. Ask questions whenever you need to, so that you can
understand what is being said, by school personnel.

Tip 2: Ask the disability educator to slow down, and explain
something that you do not understand. Sometimes school personnel
speak very fast, and do not stop to explain what they are
talking about. This is especially true, when they are giving parents
results of a psychological evaluation. You should ask them to show
you the results of the tests and explain what the scores mean.

Tip 3: Bring a written list of items that you would like to discuss at
the meeting; it can be hand written or typed. Check off each item
as it is discussed. Leave space at the bottom of the list to handwrite
any new issues that come up at the meeting.

Tip 4: Consider bringing a parent input statement to your child’s IEP
meeting. A parent input statement is a one page document that states
what you believe your child’s needs are, and what special education
services your child needs. It should be typed, if possible, and ask
that it be attached to your child’s IEP.

Tip 5: Use the Individuals with Disabilities Education Act (IDEA) to
support your position. Peter and Pam Wright have written several
books including Special Education Law; second addition. This book is
easy to read, and use as a reference at any school meetings.The book
can be purchased at http://www.wrightslaw.com.

Tip 6: Read the IEP document before you leave the meeting. What was
said at the meeting is not important, what is important is what is
written in the document. Make sure that any important discussions
about your child are included in the meeting notes, and that all
educational services promised are listed.

With these 6 tips, you are well on your way to learning to assertively
participate in your child’s IEP meeting. You know your child better
than school personnel, so you have a lot of valuable
information to share with the team. Good luck in your advocacy
journey!

By: JoAnn Collins

9 Tips That Will Increase Your Chance Of Winning A Special Education Due Process Hearing

admin — Thu, 25 Mar 2010 12:19:43 +0000

Would you like to learn some due process tips? Would you like to increase your chances of winning, to benefit your child with autism? This article will give you 8 tips that will help increase your chance of prevailing at a due process hearing, for your child.

1. Use a form to make it easier to file for a due process hearing. Every state board of education is required to have a due process form available for parents to use. The form is not mandatory, but can make filing easier.

The Individuals with Disabilities Education Act (IDEA) of 2004 added a section where due process filings must be sufficient. What this means is that the due process request, must contain certain information. If the due process request does not contain this information, then the request can be denied by the hearing officer. To prevent this, you may want to use a form. Make the issues simple, and don’t forget to add specific resolutions (what you are asking the hearing officer to give your child).

2. If you have not filed for due process before, have another parent, advocate, or special education attorney, look at your due process request. Issues cannot be changed once the request is filed, unless special education personnel agree, or the hearing officer allows it.

3. Once you file for a due process hearing ask for a complete copy of your child’s school record. Most states have regulations that allow this. Ask for temporary, permanent, E mails, internal memos, audio and video recordings.

4. Due process hearings can be opened to the public or closed to the public.Some hearing officers will not allow sequestration of witnesses at an open hearing.

5. Insist on sequestration of witnesses for the due process hearing. This way special education witnesses cannot hear each other testify. It makes it easier to catch the lies and deceptions, during a due process hearing.

6. Ask the hearing officer to allow you to present your case first. This prevents special education personnel from bringing up irrelevant issues to muddy the waters. Some hearing officers will not allow a parent to go first, if the school district has the burden of proof; but try anyway.

7. Write your opening and closing, on the computer during your preparation time. This will allow you to change it as you see fit. Don’t forget to make references to IDEA and No Child Left Behind (NCLB) when appropriate. If the hearing goes over two days, do not print out your closing until the end of the first day. That way you can change the closing on the computer.

8. If you are conducting your child’s due process yourself, ask a friend or another parent to attend the hearing and take copious notes. The other person can watch body language, and can give you tips on things that you miss.

9. During the schools testimony you can make objections, to throw the school personnel off of track. The objections that I have heard are : irrelevancy, question already asked, objections to witnesses and documentation that hurts your case.

By using these 9 easy tips, you will well be on your way to prevailing at a due process hearing.

By: JoAnn Collins

4 Parenting Tips to Help You Enforce Special Education Law

admin — Thu, 25 Feb 2010 14:25:20 +0000

Do you have a child with a disability who is receiving special education services?

Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA).

IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.

The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.

1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.

2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.

3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.

By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them.

Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.

For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.

4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.

The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking.

By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!

By: JoAnn Collins

6 Parenting Tips on Special Education Law and Transportation

admin — Tue, 16 Feb 2010 12:24:12 +0000

Are you the parent of a child with autism or a physical disability that needs transportation? Do you wonder what the Individuals with Disabilities Education Act (IDEA) states is the schools responsibility, to provide transportation for your child? This article will discuss what IDEA requires as far as transportation for your child with a disability. Also discussed are parenting tips that you can use, to help your child receive this important service.

Under IDEA transportation is considered a related service. A related service is transportation, developmental, corrective, and other services. . .as may be required to assist a child with a disability to benefit from special education. . .
What this means is that if your child requires transportation in order to benefit from their education, special education personnel are required to provide it.

Parenting Tips:

1. When advocating for your child, remember that; transportation not only means to and from school, but also in and around the school building, and any specialized equipment required by your child.

2. Section 504 of the Rehabilitation Act prevents discrimination on the basis of disability. The law reads: No qualified student shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any . . .transportation. . .or activity.

For Example: Your child with a physical disability is not allowed to go on a field trip, because the class cannot get the wheelchair bus. This would be a section 504 complaint, because your child is being discriminated against, on the basis of their disability. I have dealt with this situation, and the school district usually quickly fixes the transportation problem, if you tell them that you may file a Section 504 complaint. Section 504 is covered by the Office of Civil Rights in Washington, though each state has at least one office.

3. If your child requires an assistant in the classroom then you may be able to get a bus assistant, if your child’s disability requires it. The goal of transportation as a related service is to provide safe access to education. So if your child needs a bus assistant in order to get safely to school, school personnel are required to provide it.

4. If your school district is not providing needed transportation for your child, you can be reimbursed, for providing the transportation yourself. Make sure that your child’s IEP, states that they need transportation as a related service, and that you will be reimbursed.

A district may also be required to reimburse parents where:

A. Transportation is needed to provide FAPE and the district fails to meet its obligation.
B. The district doesn’t recognize the need for transportation.
C. The district makes inadequate provisions for transportation.

5. If your child’s extracurricular activity is related to their IEP goals and objectives, then transportation must be given. For Example: If your child has autism and needs to work on social skills, they can gain that from extra curricular activities. In that case transportation needs to be given by your school district.

6. School districts are not allowed to shorten your child’s school day due to transportation. Unfortunately it happens all the time, and you may have to stand up to special education personnel for the good of your child.

IDEA gives children with disabilities equal educational opportunity, which means a full school day. I have often said that if parents of children without disabilities found out there child was to leave school early for transportation, they would be outraged. But parents of special needs children are supposed to accept it. Do not accept it, stand up for your child.

This article has given you a lot of good information about transportation, that you can use to benefit your child’s education.

By: JoAnn Collins

4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings

admin — Fri, 12 Feb 2010 02:15:36 +0000

Are you the parent of a child with autism or a learning disability? Are you a single parent who sometimes feels intimidated by special education personnel, at IEP meetings? Have school personnel told you that they will be bringing their attorney to your child’s next IEP meeting, and you are upset? Some special education personnel state that they want their attorneys at IEP meetings, to try and intimidate parents, and have them not ask for additional services. This article will give you 4 easy to use parenting tips, to help you prevent your school district, from bringing their attorney to your child’s IEP meeting.

The Individuals with Disabilities Education Act (IDEA) is silent, on any attorney’s at IEP meetings, parents or school districts. But if the school district has an attorney at an IEP meeting and the parents cannot afford an attorney, then the parent will not be able to be an equal participant in the IEP process.

Tip 1: Once you are notified that the school’s attorney is coming to your child’s IEP meeting, notify them in writing that you will be canceling the meeting. Also tell them your reason for canceling the meeting (cannot afford an attorney and feel that I would not be an equal participant), and that they do not have your permission to have the meeting without you. This last part is important, so that if they have the meeting, you can file a state complaint and ask that everything done at the meeting be thrown out, because the meeting was illegal.

Tip 2: After you have canceled the meeting, go to the Department of Educations Web site at ed.gov, and type in Special Education in the box. Once you get to special education, in the Search box put “OSEP policy letter to Hillary Clinton July 23, 2001.”

The letter was written by Hillary Clinton asking whether it is appropriate for a district to invite its attorney to IEP meetings. OSEP answered Hillary’s letter by stating that: School districts can invite people that have knowledge or special expertise regarding the child. However ever if the attorney possessed knowledge about the student, his or her presence would have the potential of creating an atmosphere that would not be in the child’s best interest. . .Therefore the best interest of the child compelled OSEP to strongly discourage attendance of attorneys for school districts at IEP meetings.

Tip 3: Write another letter to your school district and include copies of the Hillary Clinton Policy Letter on School Attorneys at IEP meetings. Ask them to reconsider their decision to bring their attorney to your child’s IEP meeting. If they will not reconsider go on to Tip 4.

Tip 4: File a state complaint with your state department of education, stating that your school district is violating IDEA, by not allowing you to be an equal participant in your child’s IEP. Special education personnel are doing this by inviting their attorney to your child’s IEP meeting. The state has 60 days to complete the complaint. Send in copies of all letters, to and from school personnel, as well as the Hillary Clinton Policy Letter with your complaint.

I actually had this happen to me several years ago. I told the special education person that I would be canceling the meeting. After thinking about it, the school district changed their mind about having their attorney come to my son’s IEP meeting. The meeting was held without the presence of an attorney.

By using these 4 easy to use tips, you will be able to advocate for your child to try and prevent the school district, from bringing their attorney to your child’s IEP meeting. Good Luck, the fight is worth it!

By: JoAnn Collins

Draft IEP’s For Your Child in Special Education – Tips on Using Them to Help Your Child

admin — Thu, 07 Jan 2010 18:52:04 +0000

Are you the parent of a child that has autism, and is receiving
special education services? Are you a parent that would like to
understand Draft individual education plans (IEP), and how you
can use them to benefit your child. This article will help you learn about
Draft IEP’s, what the requirements are, and how to use them to
help your child’s education.

A draft IEP is an individual education plan that is filled out in
advance, of the IEP meeting, for your child. Many parents wonder
if it is legal for special education personnel to do this. The Individuals
with Disabilities Education Act (IDEA), is silent on draft IEP’s.

The Office of Special Education Programs (OSEP), which is part of the
Department of Education stated in the Federal Register Vol 71 August
12, 2006 “We do not encourage public agencies to prepare a draft IEP
prior to the IEP team meeting. . .”

So, draft IEP’s are not illegal, but are discouraged by OSEP. The
Federal Register also states “. . .if a public agency develops a draft
IEP prior to the IEP meeting, the agency should make it clear to the
parents at the outset of the meeting, that the services proposed by
the agency are preliminary recommendations for review and discussion
with parents.” Special education personnel rarely state this, at the
beginning of a meeting, so you may have to bring it up. The Federal
Register goes on to say “It is not permissible for an agency to have
the final IEP completed before an IEP Team meeting begins.”

The Federal Register comments from OSEP also state “The public
agency also should provide the parents with a copy of its draft
proposals if the agency has developed them, prior to the IEP
meeting. . .” You should request this in writing, and I would
also quote the comments from the Federal Register. The
request should include timelines; for Example “I will expect
to receive a copy of the Draft IEP at the same time as my
10 day written notice of the IEP meeting.”

The Federal Register also has OSEP stating “so as to give the
parents an opportunity to review the recommendations of the public
agency prior to the IEP team meeting, and be better able to engage in
a full discussion of the proposals for the IEP.”

One way to use Draft IEP’s to help your child, is to develop your own
draft IEP. Go to your state board of education’s Website, go to
special education and then download an IEP form (Most states have an
IEP form available for downloading). Fill out the form, with everything
that you believe your child needs.

Take the form with you to your child’s IEP meeting, and cross out each
section as it is discussed. This will allow you to not only be an
active participant in your child’s IEP, but also to have your input
heard. Also, special education personnel cannot leave out important
parts of the IEP, as they do on occasion. Also by having your own
Draft IEP filled out, you can advocate for your child when special
education personnel want to change or decrease their educational
services.

You can use Draft IEP’s to help your child. By requesting the school’s
Draft IEP in advance, you will be able to be an active participant in
the IEP process. By bringing your own Draft IEP, you can have your
opinions heard. Good luck!

By: JoAnn Collins