Special Education » Appropriate Education

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

admin — Tue, 29 Dec 2009 14:39:43 +0000

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

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

admin — Sun, 22 Nov 2009 06:02:22 +0000

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

Burden Of Proof In Special Education Due Process

admin — Sat, 21 Nov 2009 12:39:04 +0000

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

5 Reasons Why your Child in Special Education May Not be Getting FAPE, and How You Can Help

admin — Wed, 18 Nov 2009 23:46:53 +0000

Does your child receive special education services and you wonder if
they are receiving an appropriate education? This article, will
discuss 5 reasons why your child may not be receiving a free
appropriate public education. And also, what can you do about it?
There is a lot that you can do to ensure a free appropriate public
education for your child.

Reason 1: Many special education personnel have extremely low
expectations, for children with disabilities. You must have high
expectations for your child, just because they are not learning, does
not mean that they can’t. They may need to be taught a different way.

Reason 2: Some special education personnel limit or refuse to provide,
educational and related services that children with disabilities need.
Some special education personnel will even deny that a child has
autism, so that they do not have to provide more intense special
education services. It is your job as a parent to fight for the
services that your child requires. Try to meet other parents, of
children with disabilities, in your school district. Help each other
advocate, and attend each other’s IEP meetings. Together you will be a
strong group.

Reason 3: The curriculums, that some school districts use to teach
children with disabilities, do not work. Special education personnel
are often reluctant to change methodology, even if the child is not
learning. Investigate different curriculums, for your child’s
disability. Join disability organizations and meet other parents. This
will allow you to share information with each other, what works.

Reason 4: Parents, are often forced to pay for independent
educational evaluations (IEE’s), to prove that their child needs
certain special education services. If a parent must pay for an IEE,
to ensure that their child receives a free and appropriate public
education, then the education is no longer free. If your school
district evaluates your child, and you disagree with the evaluation
(or the way it is interpreted), then the Individuals with Disabilities
Education Act (IDEA), gives you the right to have an Independent
Evaluation at Public Expense. My book Disability Deception has an
entire chapter on IEE’s that will give you more information on this
subject.

Reason 5: Many school districts suspend children with disabilities,
for behavior that is part of their disability. Educate yourself on
what IDEA requires as far as behavior/discipline. Special education
personnel can suspend a child up to 10 days.

Within 10 days of a decision to change a child’s placement they must
convene a manifestation determination meeting. This meeting is being
held to determine if the behavior is part of your child’s disability.
If it is, they must do certain things to include developing a positive
behavior plan. If they determine that the behavior is not part of your
child’s disability, then they can discipline them as they would a non
disabled child. You can file for a due process hearing, if you
disagree with the school districts manifestation determination
decision.

By knowing why most children do not receive FAPE, you can advocate
hard for your child. They are depending on you, because they may not
be able to stand up for themselves.

By: JoAnn Collins

Special Education – 3 Areas of Knowledge That Parents Must Understand to Help Their Child

admin — Mon, 12 Oct 2009 14:16:12 +0000

Would you like to learn about 3 important areas where you need knowledge, to effectively advocate for your child? Would you like resources to find more information on these areas? If you are the parent of a child with a disability, you need to have information in three different areas to help your child receive an appropriate education. This article will discuss these three areas, as well as give you easy to use resources.

Area 1: You must know the educational laws that will help your child receive an appropriate education. The laws are: The Individuals with Disabilities Education Act (IDEA), which is the federal law governing education for children with a disability, states law that must comply with the federal law, and No Child Left Behind Act (NCLB),

Area 2: You must learn advocacy skills to help you learn how to advocate effectively for your child. An organization that gives lots of helpful information is the National Information Center for Children and Youth with Disabilities (NICHCY); they can be found at http://www.nichcy.org.

Area 3: You must have knowledge about case law in special education that affects your child. For Example: if you child has behavioral issues, you should learn what rulings have already been made in this area. Case law means due process rulings, court rulings from State and Federal court, and Supreme Court cases. A wonderful organization that you should join is the Council of Parent Attorneys and Advocates (COPAA). There is a small membership fee, but it is worth it. COPAA can be found at http://www.copaa.org. COPAA has a membership area where you can find Case law, in the area that you are interested in.

By learning these three areas, you will well be on your way to being an effective advocate for your child. It will take you time to learn about these three areas, but it will be worth it! Remember: Your child’s life is at stake!

By: JoAnn Collins

5 Reasons Why Your Child Receiving Special Education May Be Misbehaving

admin — Sun, 11 Oct 2009 08:20:06 +0000

Does your child with autism have increased behavioral difficulty at school? Do you sometimes wonder, why your child misbehaves at certain times of day at school, or while doing certain activities? To determine what your child is receiving from the behavior a functional behavioral assessment (FBA) must be conducted. But this article, will give you a few things that could be causing your child’s behavior.

Reason 1: Your child could be having difficulty with their behavior, due to a health concerns. When my daughter Angelina was younger she would have behavioral outbursts that seemed to be tied to not feeling well. I would take her home, she would go to bed, and wake up and do just fine.

Also if your child has seizures, the behavior could be seizure related. Keep track of the behavior and check with your child’s doctor, if you think there could be a health reason for the behavior.

Reason 2: Many children with autism or other disabilities have sensory integration dysfunction; which can negatively affect their behavior. Some children misbehave, because they are wanting, sensory stimulation. Or some children are trying to avoid sensory stimulation.

You can learn more about sensory integration dysfunction, by reading a book about the disorder. Or search the internet for treatments and things that can be done in the classroom to help your child.

Reason 3: Your child could be trying to escape hard academics, or a situation that they cannot handle.

Investigate and make sure that your child is being taught academics at their level so that they do not get frustrated.

Reason 4: Some children misbehave because they are trying to get attention, from other students or special education personnel.

Reason 5: If your child is not receiving an appropriate education in the right type of placement, they may experience a lot of behavioral difficulty.

When my daughter Angelina was younger, she would throw herself on the ground to avoid hard academics. Also if a child is unable to learn academics, it might be time to consider functional skills training. In my advocacy I have seen many children positively respond to functional skills, without behavior. Angelina also responded very well to increased functional skills training rather than a focus on academics.

By learning if any special circumstances are causing your child’s behavior difficulties, you will be able to try some different things to see if they help! Good Luck!

By: JoAnn Collins

5 Qualities of a Good Special Education Advocate

admin — Fri, 02 Oct 2009 01:49:32 +0000

Are you the parent of a child with autism that is having a dispute with school personnel, and would like some help? Are you the parent of a child with a learning disability, or another type of disability, that could use an advocate to help you in getting an appropriate education for your child? This article will give you 5 qualities that make a good special education advocate

An advocate is a person that has received special training, that helps parents navigate the special education system. In some cases the advocate is a parent of a child themselves, but this is not always the case. Before you hire an advocate check on their experience, and also make sure that the advocate is familiar with your child’s disability, so that they are able to advocate effectively

Qualities:

1 A good advocate must be familiar with the federal and state education laws that apply to special education, and be willing to use them, when needed. This is the Individuals with Disabilities Education Act (IDEA), State rules for special education (how they will comply with IDEA), and No Child Left Behind Act (NCLB). The advocate does not have to memorize the laws, but should have a basic knowledge of what is in them. The advocate must also be willing to bring up the laws, at IEP meetings, if this will benefit the child.

2. A good advocate should not make false promises to parents. If an advocate tells you. that they will get the services that you want for your child, be leery! Unfortunately, there are no guarantees in special education, and advocates should not promise things that they may not be able to get. An experienced advocate who knows the law and your school district, should have a sense about what can be accomplished.

3. A good advocate should be passionate about your child, and the educational services that they need. Advocacy sometimes takes a lot of time. If the person helping you is not passionate about your child, they may not be willing to help you for the length of time that it takes to get your child an appropriate education.

4. A good advocate must be willing to stand up to special education personnel, when they disagree with them, or when the school personnel tell a lie. If the advocate you pick, has every quality, but is not willing to stand up to school personnel, he or she will not be an effective advocate for your child.

5. A good advocate is detail oriented, and makes sure that any services promised by special education personnel, are put in writing. A good advocate will read the IEP before they leave the meeting, and bring up any changes that should be made. Sometimes the little details are what makes for success!

By keeping in mind these 5 qualities, you will be better equipped to finding an advocate that will be able to help you, get an appropriate education for your child.

By: JoAnn Collins