Special Education » Disabilities Education Act http://www.dxsbcs.org Tue, 30 Mar 2010 21:55:54 +0000 http://wordpress.org/?v=2.8.6 en hourly 1 The Future of Challenged Students http://www.dxsbcs.org/the-future-of-challenged-students.html http://www.dxsbcs.org/the-future-of-challenged-students.html#comments Sat, 27 Feb 2010 13:03:23 +0000 admin http://dxsbcs.org/the-future-of-challenged-students.html

IDEA (Individuals with Disabilities Education Act) was initially passed in 1975 by Congress to help those students who suffer from some kind of disability. It was amended in 1996 and again in 2004.

It is estimated that more than 6 million children fall into that category; they receive special services that allow them to participate successfully in regular and special classrooms. But there are millions more who have not been diagnosed and/or discovered, or who simply do not qualify even though they are in desperate need of specialized help.

There are two types of help available to those students according to the extent of their disability or disabilities. Yes, some students have more than one; for example, I have a 15 year old female student who suffers from severe hearing loss, speech disorder and mental retardation. However, the most common disability is without a doubt SLD or Specific Learning Disability. SLD is determined by comparing the child’s performance on several tasks with his actual potential. If the discrepancy is more than 15 points in any given area, for example reading comprehension or mathematical calculations, the student is classified as SLD.

The help is categorized as either Accommodations and/or Modifications. The first has to do with the way teaching is delivered to the student, for example giving him/her a written skeleton of the topic covered that day. The second is actually changing the contents of the lesson to make it more accessible and understandable. For example, the student may be given a word bank with simple explanations that are easier to understand. The main purpose is simply to level the playing field with the other students who do not have a disability.

Many parents are however bewildered by the technical terms used by the schools to explain what is being done to their sons or daughters who suffer from SLD or other learning problems. There are many good sites they can refer to and find answers to their questions. Of course, you can email me with your questions and I’ll be more than happy to try and answer every doubt to the best of my ability.

As a teacher in the special education field, I have discovered that many classroom teachers not only do not understand the concept of Learning Disability, but also reject the presence of challenged learners in their classroom. It is true that not all students with disabilities can function adequately in the general classroom; they can learn much more in special settings. But that is true only for the extreme cases, such as the young lady mentioned above who was diagnosed with three different problems.

I have worked as an inclusion teacher for 6 years, which means that I am present in the classroom to help those challenged students follow and understand the regular teacher. It is essential that I work closely with the regular teacher in coordinating our teaching strategies. It has been shown that special education children function much better when they are given the opportunity to work with other students their own age in a regular classroom. It not only helps them learn the core skills needed in life, Math, Science, English and Social Studies, but also the social skills that are essential in reaching a certain level of success in the community.

The strategy of including another teacher in the regular classroom may be an inconvenience for some regular teachers. Sometimes there are clashes between the two due mostly to incompatible personalities, which of course results in learning deficiencies for the students. Some teachers are insecure; others fear that the inclusion teacher will report their inadequacies to the administration. But the inclusion strategy is here to stay and schools must take into account the teachers’ preferences when pairing them. Unfortunately, very few schools actually give the necessary importance to the inclusion process to make it a success. The only people hurt as a result are the learning challenged students and that is unacceptable.

By: Jacques Sprenger

]]> http://www.dxsbcs.org/the-future-of-challenged-students.html/feed 0 5 IDEA Requirements for Independent Evaluations at Public Expense http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html#comments Sat, 16 Jan 2010 18:20:09 +0000 admin http://dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html

Are you the parent of a child with autism or a learning disability that needs an Independent Educational Evaluation (IEE), to determine their educational needs or services? Have you heard that parents can ask special education personnel in their school district to pay for an IEE at public expense? This article will discuss the 5 IDEA (the Individuals with Disabilities Education Act) requirements for an IEE at public expense.

1. IDEA 300.502 under (b) (1) states that parents “Have the right under this part to obtain an independent educational evaluation at public expense if the parent disagrees with the evaluation obtained by the public agency.”

2. Special education personnel may ask why you disagree with their evaluation, but they cannot require you to give an explanation of what you disagree with. In fact I recommend not telling them what you disagree with, because they may try and limit the IEE.

3. IDEA 300.502 (b) (2) states “that if a parent requests an independent educational evaluation at public expense, the public agency must without unnecessary delay either; 1. File for a due process hearing to show that its evaluation is appropriate, or 2. Ensure that an independent educational evaluation is provided at public expense. . .”

4. IDEA 300.502 (5) (e) states “If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.” Many school districts try and put a lot of criteria on parents for IEE’s at public expense. For Example: geographic, cost, name of evaluator must be on a list etc.

5. Except for the criteria in 4 above, school districts may not impose other conditions or timelines on the IEE at public expense.

The Office of Special Education Programs (OSEP) has stated, that school districts may develop criteria for IEE’s at public expense; with these two exceptions.

a. The school district cannot make criteria, that prevent the parent from getting an IEE at public expense. For Example: If you live in a small town, with no available evaluators, and your district states that the evaluation must be done within 30 miles; it would be impossible for you to find an evaluator. Or the special education personnel make the cost so low that you cannot find anyone to evaluate your child. This may prevent you from getting the IEE at public expense, so stand up to special education personnel.

b. School districts must allow parents, to prove that their child’s circumstances are unique, and require a waiver of the criteria. For Example: If you feel that your child needs to be seen by a Clinical Psychologist, the cost is probably going to be more than a psychologist would charge. If you can prove unique circumstances, why your child needs to be evaluated by a Clinical Psychologist, then the school district is supposed to pay for the Clinical Psychologist. Whether a school district is willing to do that, without a due process hearing, depends on your school district.

Remember any criteria that a school district makes for an IEE at public expense must not prevent the parent from getting the IEE; and they must allow for waiver of criteria if the child’s circumstances require it. A good independent evaluation can benefit your child by determining their disabilities or educational and related service needs.

By: JoAnn Collins

]]> http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html/feed 0 Inclusion for Children With Disabilities, Are There Other Options? http://www.dxsbcs.org/inclusion-for-children-with-disabilities-are-there-other-options.html http://www.dxsbcs.org/inclusion-for-children-with-disabilities-are-there-other-options.html#comments Fri, 08 Jan 2010 01:52:01 +0000 admin http://dxsbcs.org/inclusion-for-children-with-disabilities-are-there-other-options.html

Are you the parent of a child with autism or another disability, that thinks your child should be in another placement, other than a regular classroom. Have you been told by special education personnel, that they only offer inclusion for children, and you feel that your child needs more intense special education services? This article will explain continuum of placement options, which is part of the Individuals with Disabilities Education Act (IDEA). By knowing the law, you will be able to more effectively advocate for your child’s education.

Continuum of placement option is in IDEA at 300.115 This section “Requires each public agency to ensure that a continuum of alternative placements (including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions), is available to meet the needs of children with disabilities for special education and related services.”

This means that school districts can not only offer inclusion, to children with disabilities. If your child needs more intense educational services, they must offer those also. The continuum could mean more “supplementary aids and services in the regular education environment,” more resource help, special education classroom, special education school etc.

Some school districts use a cooperative type system, where several school districts go together to provide special education services. The bottom line is, that special education personnel are responsible for giving your child a free appropriate public education (FAPE).

If your school district is not giving, your child FAPE, there is a provision in IDEA to place your child in a private school, and seek reimbursement. IDEA requirements are very strict in this area, if you do not follow them, you may lose reimbursement. Make sure you understand what the law says, before you remove your child and place them in private school. The school district will probably file for a due process hearing, to prove to a hearing officer that they are giving your child FAPE. If you are able to prove your case, the hearing officer will require the school district to reimburse you for the private school costs.

School districts are required to give children with disabilities a continuum of placement options to meet their unique educational needs. By understanding this concept you can fight for the education that your child needs, and deserves.

By: JoAnn Collins

]]> http://www.dxsbcs.org/inclusion-for-children-with-disabilities-are-there-other-options.html/feed 0 6 Parenting Tips To Help You Assertively Participate In Your Child’s IEP http://www.dxsbcs.org/6-parenting-tips-to-help-you-assertively-participate-in-your-childs-iep.html http://www.dxsbcs.org/6-parenting-tips-to-help-you-assertively-participate-in-your-childs-iep.html#comments Wed, 30 Dec 2009 15:21:45 +0000 admin http://dxsbcs.org/6-parenting-tips-to-help-you-assertively-participate-in-your-childs-iep.html

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

]]> http://www.dxsbcs.org/6-parenting-tips-to-help-you-assertively-participate-in-your-childs-iep.html/feed 0 What You Need to Know About Functional Skills and Transition in Special Education http://www.dxsbcs.org/what-you-need-to-know-about-functional-skills-and-transition-in-special-education.html http://www.dxsbcs.org/what-you-need-to-know-about-functional-skills-and-transition-in-special-education.html#comments Tue, 29 Dec 2009 01:04:40 +0000 admin http://dxsbcs.org/what-you-need-to-know-about-functional-skills-and-transition-in-special-education.html

Is your child with autism in high school and facing transition, within the next few years? Are you concerned that your child, has not received functional skills to help them with the rest of their life? This article will be discussing transition from high school to adult hood, and what you need to know about functional skills for your child.

Many children with disabilities do not receive an appropriate amount of functional skills training throughout their school years. The Individuals with Disabilities Education Act of 2004, requires school districts to give present levels of functional performance, on your child’s IEP. If your child tests below age level in functional skills, ask for functional skill training.

IDEA 2004 also states that the purpose of the act is to prepare children with disabilities for independent living.

A wonderful book entitled: Functional Curriculum for Elementary, Middle and Secondary Age Students With Special Needs, has a lot of information about functional skills. This book is edited by Paul Wehman and John Kregal. This book states that critical areas of independent living are: Career Education and Work, community living, safety, transportation, home living skills, activities of daily living, financial planning and management, and recreation.

In planning for your child’s transition these are the things to keep in mind:

Mild Disability: Child needs some extra help to get to the same level with others in most academic areas. 1. The child may need significant planning time with school counselor, on options for schooling beyond high school. 2. Planned extended community college experience. 3. Part time employment before leaving school. 4. Some volunteer experiences.

Moderate Disability: Child needs more substantial help in one or more academic area. May need help with behavioral issues also. 1. Focused efforts on career/trade/skill training. 2. Work experience at different work sites. 3. Part time employment in place before leaving school. 4. Any supports for employment should be in place also, to prevent the child from losing their job.

Severe Disability: Child needs support most of time to complete any area of life skills. 1. Much time should be spent receiving training in community sites, 2. Functional skill training should also be given. 3. Work experience in community. 4. Job in community before graduation. 5. Supports for the job in the community before graduation. 6. Links to adult services in the community should be in place before graduation.

An important thing to keep in mind about functional skills, is how important it is that the skills are trained on a daily basis in the places, where they occur. This is why it is important to include community training in any functional skill curriculum.

For Example: Tooth brushing could be taught after lunch, in school or in the community. Money skills could be taught at a grocery store or department store. Learning how to use the bus would be taught on your community bus system.

Children with moderate to severe disabilities should also be given recreation options in the community.

By learning what you need to know about transition and functional skills training, you will be able to help your child.

By: JoAnn Collins

]]> http://www.dxsbcs.org/what-you-need-to-know-about-functional-skills-and-transition-in-special-education.html/feed 0 How To Determine Your Child’s Eligibility For Special Education http://www.dxsbcs.org/how-to-determine-your-childs-eligibility-for-special-education.html http://www.dxsbcs.org/how-to-determine-your-childs-eligibility-for-special-education.html#comments Fri, 18 Dec 2009 16:52:17 +0000 admin http://dxsbcs.org/how-to-determine-your-childs-eligibility-for-special-education.html

Are you the parent of a young child that is concerned that your child may have a disability?
Have you been told by disability educators that your child does not qualify for special education
services? This article will discuss the criteria that school personnel must use, by law to
determine if a child is eligible for special education services.

In order for a child to be found eligible they must meet two criteria, according to the Individuals with Disabilities Education Act (IDEA):

1. The child must have a disability, and

2. The child must have educational needs.

In order for special education personnel to determine if a child is eligible, they must conduct a psychological evaluation called a Case Study Evaluation (CSE) on the child. Below is a list of important things parents must know about the CSE:

a. The parent must give written consent for this to be done.

b. School personnel have sixty days from when the parental
consent is signed, to finish evaluation.

c. More than one assessment tool must be used; to gather
all of the academic, developmental, functional, information needed to
determine if the child has a disability.

d. The child must be assessed in all areas of suspected disability.

e. They must use assessment tools that provide important information
that assists them in determining the child’s educational needs.

After the Case Study Evaluation is complete an eligibility meeting is
held. The meeting is to go over the test results, and see if the two criteria for eligibility are
met. The parent is to be an equal part of the team that determines if a child has a disability,
and if they have educational needs. Parents may bring information on
their child to help the team make the decision.

If a child has a disability and educational needs, and does not
receive special education services, their lives may be negatively
affected. By knowing what criteria disability educators are
required to use by law, you can become an effective advocate for your
child.

By: JoAnn Collins

]]> http://www.dxsbcs.org/how-to-determine-your-childs-eligibility-for-special-education.html/feed 0 Importance of Vocational Skills and How to Get Them For Your Child http://www.dxsbcs.org/importance-of-vocational-skills-and-how-to-get-them-for-your-child.html http://www.dxsbcs.org/importance-of-vocational-skills-and-how-to-get-them-for-your-child.html#comments Thu, 17 Dec 2009 09:29:16 +0000 admin http://dxsbcs.org/importance-of-vocational-skills-and-how-to-get-them-for-your-child.html

Does your child have a moderate to severe disability? Are you concerned about your child with autism’s life after school? Would you like your child to receive vocational services so that they may be employed as an adult? This article will discuss importance of vocational skills for all children with disabilities, so that they can be employed as an adult.

The Individuals with Disabilities Education Act (IDEA) states that the purpose of IDEA is to: ensure that all children with disabilities have available to them a free appropriate public education, that emphasizes special education and related services, designed to meet their unique needs and prepare them for further education, employment and independent living.

So according to IDEA it requires that students be given services that will prepare them for…employment. As an advocate for over 15 years I have had many special education personnel deny children vocational services, that I was advocating for. I have also heard from many other parents whose child was also denied vocational services.

The first place to start is to request, in writing, a Functional Vocational Assessment. This assessment will help to determine what particular skills that your child has, and how those skills can be used in a work setting. This assessment should be done by a person that has experience performing these assessment, and should have experience with children or adults with disabilities.

The information to be gathered is to include the child’s work and school history, learning style, work related skills, work endurance, academics, or functional academics, and the ability to follow directions. Information that is also important is your child’s communication skills, social skills, interaction skills, behavior difficulties, mobility, medical needs, fine and gross motor skills, transportation, and your child’s functional skills.

Another important area to be determined is your child’s preferences and strengths. You may have to figure out what your child enjoys, if they are not able to tell you themselves.

The information is received from as many different people as is possible, so that the assessment will be complete. The person performing the assessment should also observe your child in their school environment. This is to allow the person to get to know your child, and make their report more effective.

After the vocational assessment is complete, the person who conducted the evaluation should write a detailed report. Also, have the person participate in the Individual Educational Plan (IEP) meeting to discuss the results, by telephone. That way, you and the special education personnel can ask any questions to clarify what skills your child needs to be taught to be able to get a job.

At the IEP meeting you should write up specific Vocational services, that your child will receive to help them prepare for a job. Also to be discussed, is what skills your child has or needs to be taught, to be job ready. Don’t forget to write vocational goals also. The skills should be in writing, with goals on teaching the skills.

Remember to consider skills that your child already has. For example: If your child knows how to do some minor housework that can be used to get a job in a restaurant or hotel. My daughter Angelina was taught to fold towels, in her high school community based functional curriculum class. The next year she had a job folding towels in the high school pool area. Another student I know used to take out the garbage at home, and was given a job in the school emptying the garbage.

Vocational skills are critical for children with disabilities, no matter how severe the disability. Children or adults with job skills, can work in their community, as well as become an active member of that community. My daughter Angelina has a severe disability, and works at a local college part time. She loves her job, and the students at the college love her too! She is an active and happy member of our community.

By: JoAnn Collins

]]> http://www.dxsbcs.org/importance-of-vocational-skills-and-how-to-get-them-for-your-child.html/feed 0 3 Things That Father’s Can Do to Be Involved in Their Child’s Special Education http://www.dxsbcs.org/3-things-that-fathers-can-do-to-be-involved-in-their-childs-special-education.html http://www.dxsbcs.org/3-things-that-fathers-can-do-to-be-involved-in-their-childs-special-education.html#comments Thu, 17 Dec 2009 09:27:48 +0000 admin http://dxsbcs.org/3-things-that-fathers-can-do-to-be-involved-in-their-childs-special-education.html

Are you the father of a child with autism, and you would like to be more involved in your child’s education? Would you like a few simple things that you can do to benefit your child’s education? Fathers can bring a unique perspective to the special education process. This article will discuss 3 things that you can do to be more involved in your child’s special education program.

A study report that was released on July 14,2006 from the University of North Carolina of Chapel Hill found that: Children with disabilities are more likely than other youngsters to live with single mothers or other female caretakers. Children with special needs can benefit greatly, if their fathers are involved with their life and education; so jump in for the benefit of your child!

Below are a few things that you can do:

1. Learn about the federal law that governs special education; The Individuals with Disabilities Education Act (IDEA). My book Disability Deception is filled with information on IDEA, or check out http://www.wrightslaw.com

2. Attend an Individual Educational Plan (IEP) meeting for your child. These meetings must be held at least once a school year. Fathers are often treated with more respect than mothers, so your attendance could greatly benefit your child. Bring a list of your concerns, as well as a list of services that you believe your child needs.

3. Check and see if your child’s school has any Special Olympics available, or any other sports or recreation for children receiving special education services. You could help your child learn skills, or offer to coach a team. Recreation can greatly benefit a child’s ability to learn, especially if they are hyperactive. Activity often helps child with a disability focus more.

4. Take a short time off work and go and observe your child’s classroom. Talk to his teacher if time permits.

5. Talk to other fathers, and perhaps start a group that will address your needs in the special education system. Talking to other fathers, will give you the chance to share ideas, and encourage each other in this journey.

As an advocate for over 15 years, I found that children with disabilities that had their fathers involved in their educations, were often more motivated to do well. As I stated earlier, fathers are often given more respect than mothers so this should be a motivation to be more involved. You are the only father that your child has; and they are depending on you.

By: JoAnn Collins

]]> http://www.dxsbcs.org/3-things-that-fathers-can-do-to-be-involved-in-their-childs-special-education.html/feed 0 7 Things You Can Do This Summer to Benefit Your Child Receiving Special Education Services http://www.dxsbcs.org/7-things-you-can-do-this-summer-to-benefit-your-child-receiving-special-education-services.html http://www.dxsbcs.org/7-things-you-can-do-this-summer-to-benefit-your-child-receiving-special-education-services.html#comments Thu, 17 Dec 2009 03:17:34 +0000 admin http://dxsbcs.org/7-things-you-can-do-this-summer-to-benefit-your-child-receiving-special-education-services.html

Are you glad that summer is finally here, and wondering what you can do to prepare for your child’s next school year? Would you like to learn about a few things you can do in the summer time that will benefit your child’s education? This article will discuss 7 easy to do things, that will help you prepare for your child receiving special education services, next school year.

1. Get an independent educational evaluation (IEE) on your child. A lot of times it may take a while to get an appointment, so make the appointment quickly. An IEE can help you learn what services your child needs, if they have any undiagnosed disabilities, goals that need to be worked on etc.If your child has autism, try and get someone who is familiar with autism. You could start your child’s new school year on a good foot!

2. Attend a training on special education issues especially on the Individuals with Disabilities Education Act (IDEA). Training opportunities can be found in your community, by calling different disability organizations. Try finding a parent information and training center (PTIC), every state has them.

3. Read a book on special education advocacy. Amazon has a lot of them, including my own; Disability Deception.

4. Try and meet other parents of children with disabilities in your area. Disability organizations in your area may be able to help you find a parent group. Also, try the Internet, lots of parent groups online!

5. Go through your child’s school records, and organize them into binders for easy finding. Then you will start the school year with organized school records!

6. After going through your child’s school records, determine if you need to beef up the documentation. Summertime is a good time to send letters so that your child’s record is well documented. Most special education directors or coordinators work year round, so are available to receive and answer correspondence.

7. Take time to enjoy your summer and your child! A refreshed parent is more able to advocate for needed special educational services! Have Fun!

By doing these things you will ensure that your child is off to a great start for next school year. Enjoy!

By: JoAnn Collins

]]> http://www.dxsbcs.org/7-things-you-can-do-this-summer-to-benefit-your-child-receiving-special-education-services.html/feed 0 4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings http://www.dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html http://www.dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html#comments Mon, 14 Dec 2009 03:11:06 +0000 admin http://dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html

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

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