Posts Tagged ‘Appropriate Education’

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3 Ways to Use Tape Recordings to Help Your Child in Special Education

December 29th, 2009



Are you the parent of a child with autism? Are you the parent of a
child receiving special education services? Would you like to learn
parenting tips that will help you become an equal participant in your
child’s Individual Education Plan (IEP) meeting? This article will
discuss 3 ways that tape recording can help you in advocating for an
appropriate education for your child with a disability

3 ways to use tape recording:

1. Tape recording can allow you to focus on what is happening during
the meeting, rather than focusing on taking notes. Listen to
everything that is going on, and do write down important things. Speak
up and give your opinion as often as you need to, for the benefit of
your child.

2. If an IEP meeting is tape recorded, you will be able to go over it
at a later time, and fill in your notes. It will also allow you to
remember things that may have happened that you missed. IEP meetings
can be adversarial. A tape recording allows you to listen to the
interactions in the privacy of your own home.

3. Tape recordings of IEP meetings can be used as evidence at a due
process hearing. In order to use a tape recording, as evidence, it
will have to be transcribed. Tape recorders should be digital, and
powerful enough to pick up several different people’s voices.

A lot of special education personnel become very resistant when
parents want to tape record IEP meetings. Below is an interpretation
of tape recording under IDEA, by the Office of Special Education
Programs (OSEP).

OSEP published its question #12 opinion in the Federal Register Volume
57, No. 183, Sept. 29, 1992 interpreting tape recording IEP meetings
and stated “that it is permissible to tape IEP meetings at the option
of either the parents or the agency.”

There have also been several law suits that have given parents the
right to tape record IEP meetings. One of these court cases in
Connecticut V.W. v. Favolise had the court reason that parents have a
statutory right, to attend and participate in IEP meetings, and the
district could not legally engage in an act to limit the parents
rights.

If special education personnel refuse to allow you to tape record,
because they say that they have a district policy, ask for a written
copy of the policy. OSEP in a memorandum 91-24 July 18, 1991 stated
“Thus any policy limiting or prohibiting a parent’s right to tape
record the proceedings at an IEP meeting must provide for exceptions
if they are necessary to ensure that the parent is able to understand
the proceedings at the IEP meeting. . .” Ask your school district for
an exception, so that you can understand the IEP meeting.

With the written policy in hand, cancel the IEP meeting, and send a
state complaint to your state department of education. Tell them that
you asked school personnel for an exception and they refused. The
state will have 60 days to resolve your complaint.

Tape recording can help you be an active participant in your child’s
IEP meeting. Your child is depending on your help, do not let them
down.

By: JoAnn Collins

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Special Education – Are Parents Allowed to Observe Child’s Classroom?

November 22nd, 2009



Are you the parent of a child with a learning disability or autism who
would like to observe their school classroom? Have you been told by
special education personnel, that you cannot observe your child’s
classroom? This article will teach you about what is allowed under
law, about school observations. By going to your child’s classroom and
observing, you can ask for any changes that you believe your child
needs. This will help your child receive an appropriate education.

School personnel may state that you cannot observe because of the
children’s confidentiality; this is untrue. The Supreme Court ruled in
Owasso Independent School District v. Falvo (534 US 426 2002) that
confidentiality of other students can’t be used as a reason to deny
observation by a parent. They established that, students have no
expectation of privacy.

Special Education personnel may deny you from observing your child’s
placement because of FERPA (the Federal Education Rights and Privacy
Act). FERPA does not prevent observation by parents or their
professional representatives. FERPA only protects written records.

If your school district states that parent observations violate HIPPA,
they are incorrect. HIPPA is for medical records, and in most
cases does not apply to school districts.

In my opinion, parents do have a right to observe the current
and proposed placement of their child. This is because parents
have a right to “meaningfully” participate in determining their
child’s IEP and placement. These rights were up held in 2 court
cases (Honig v. Doe 1988, and Burlington School Committee v.
Mass Dept. of Education (1985). Parents have unique knowledge
of their child, and they should be able to observe in the classroom.

If your school district continues to assert, that you have no right to
observe your child’s current or proposed placement, ask by what
authority are they stating this. Also ask for proof in writing, of
whatever authority they are using. Take what they send you, and file
for a formal state complaint. Parents have the right to be an “equal
participant” in their child’s education. If you are prevented from
observing, then you will be denied your “right” to be an equal
participant.

Classroom observations are extremely important for parents to do, as
often as they are able. Things can be going on that you are not aware
of, classroom observations bring these to light. Then you will be able
to use the information to fight for educational changes that your child requires.

By: JoAnn Collins

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Burden Of Proof In Special Education Due Process

November 21st, 2009



Are you the parent of a child with autism that has struggled to get them an appropriate education? Have you considered filing for due process for your child with a learning disability? Have you wondered who has the burden of proof, in a due process hearing? In 2005 The US Supreme Court heard a case on burden of proof in due process; the case was 546 US Schaffer v. Weast. This article will discuss burden of proof after the Supreme Court case Schaffer vs. Weast.

The question before the court on this case was At an administrative hearing (due process) assessing the appropriateness of a IEP, which party bears the burden of persuasion? The justices ruled that the burden of proof in a due process hearing challenging an IEP, is placed upon the party seeking relief, in other words the party that filed.

The reason this case made it all the way to the Supreme Court is because Maryland, where this case originated, did not have a regulation stating who had the burden of proof. 10 States place the burden of proof at a due process hearing on the school district. These states are: Alabama, Alaska, Connecticut, Washington DC, Delaware, Georgia, Illinois, Kentucky, Minnesota, and West Virginia. These states are not affected by this ruling

17 States place the burden of proof on the party that files for a due process hearings. These states are: Colorado, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Oklahoma, New Mexico, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, and Virginia. These states are not affected by this ruling

The states that are affected by Schaffer vs. Weast are: Arizona, Arkansas, California, Florida, Hawaii, Idaho, Iowa, Maine, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Vermont, Washington, and Wisconsin. Some states on this list may have passed laws, since this ruling that put the burden of proof back on the school district. Check with your state board of education to see if a law was passed in your state. If it was not, the burden of proof is on the party that filed.

Schaffer vs. Weast did have one positive section of the ruling. Justice Sandra Day Oconnor wrote: School districts may also seek such hearings, as Congress clarified in the 2004 amendments. They may do so for example, if they wish to change an existing IEP because the parents do not consent, or if parents refuse to allow their child to be evaluated.

What this means, is that school districts are required to file for a due process hearing, if they wish to change a child’s IEP. Before this, school districts were able to implement an IEP without a parents permission. The only way they could not, is if a parent filed for a due process hearing. Since the burden of proof has switched to the party that files in some states, this section is important.

For example: If you live in Idaho, a state that requires burden of proof on the party that files, and your school district wants to change your child’s IEP, without your consent; they are required by Schaffer vs. Weast to file for a due process hearing; and thus bear the burden of proof.

If the school district did not file for a due process hearing and the parent was forced to, they could ask a hearing officer to shift the burden of proof to the school district. This means that the school district, would have to prove that the changes that they want to make to your child’s IEP, are appropriate.

By understanding the burden of proof in a due process hearing, you will be able to make an informed decision about whether to file for a due process.

By: JoAnn Collins

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