Does your young child with autism need applied behavioral analysis (ABA) treatment? Are special education personnel delaying making a decision or totally denying needed educational services? This article will discuss, how you can successfully overcome deny or delay tactics, by some school personnel.
Many research studies have shown how important early intervention is for all children with disabilities. But if you waste time waiting for special education personnel to give your child the educational and related services that they need, your child’s life will be negatively affected.
Below are a few ways, to stop the deny or delay tactics, of some school personnel:
1. Make school personnel accountable for IDEA time lines. Learn about the time lines because a lot of delays that some school personnel try and get away with, are because parents do not understand the time lines, or do not make special education personnel accountable for the time lines. After you learn about the time lines are, write school personnel a letter, telling them that you know what the time lines are, and you will be holding them to the time lines.
Some things are not covered by time lines. For these I usually use 14 days. For Example: I would like a written response to my letter. I expect to receive it within 14 days. On the 15th day I write them again, and give them a shorter time frame, 5 days. If they refuse to answer my letter in writing, I would file for a state complaint. Your complaint would be, that you school district is preventing you from being an equal participant in your child’s education and Individual Education Plan (IEP) process.
2. Get an independent educational evaluation (IEE) of your child. This evaluation will give you evidence of what services your child requires. The evaluation should include, testing on academic and functional progress, educational and related services that your child needs, and what placement they require. Once you receive the in depth report from the independent evaluator, set up an IEP meeting to discuss the results. Make sure if possible, that the independent evaluator can participate in the IEP meeting by telephone. This will increase your chances of have special education personnel accept the evaluation.
3. If the school district refuses to give your child the recommended educational and related services, consider filing for a due process hearing immediately. By getting an IEE before you file for a due process hearing, you will be able to use the independent evaluators report, as evidence at a due process hearing.
Some parents wait for months, negotiating with school personnel, only to find out that the school district refuses to give the child what they need. Do not waste your child’s precious time! File for a due process now!
While due process is not an easy thing and can be adversarial, the special education personnel will continue to delay a decision, if they know that you will let them get away with it. I have heard from some parents that have waited for years, while school personnel delayed a decision.
By using these advocacy strategies you will be stopping the deny or delay tactics, of some special education personnel. Remember all the time that you waste, waiting for a decision on whether needed services are going to be given to your child, will negatively affect your child’s life. Keep up the fight!
By: JoAnn Collins
Posts Tagged ‘Individual Education Plan’
Sarah Palin – Overture For Special Education
October 18th, 2009
The current presidential election has created a novel situation for those of us who work with kids with special needs. Governor Palin has promised that if she is elected to work with John McCain in the White House, she will be an advocate for families who have children with special needs. As I thought about the possibilities this might present for reform of the special education system, I inevitably considered the TAKS testing that goes on in Texas. This is the Texas Assessment of Skills and Knowledge test that is used to establish minimum standards for passing certain grade levels. The results of the exam are used to meet requirements for the federal guidelines in No Child Left Behind.
I am just an observer of how TAKS testing is implemented, but I may have an idea for Governor Palin and others to consider. I have watched the teachers I work with spend countless hours trying to figure out how to implement TAKS test alternatives for the children in the special education program. The way I understand things, every child has to be tested on subjects and knowledge areas according to their grade level. therefore, special education teachers have to take knowledge questions that would be on the regular TAKS test and break down the questions into fundamental skills that would be necessary to answer the target question. They do this until they get to a level of question that would be possible for a specific student with disabilities to answer with a reasonable degree of success. They do this for every child who has an Individual Education Plan in the grade levels that are testing. This means that every child with special needs ends up with a different test. This makes sense since we are talking about children with Individual Education Plans.
What does not make sense to me is why teachers are spending so much time on making up tests that will be different for every child and turning that in for use with standardized tests as a measure of a school’s performance? In talking with professionals in the public education system it seems that before TAKS-alt became the rule, some schools were “hiding” poorly performing students under the special education label so that they did not have to take the test or at least did not have their scores counted toward the school’s overall score. Since then, everyone has to take the test regardless of its educational value for the student.
The great education bureaucracy in their wisdom has apparently decided to make everyone take the test so that nobody can hide. I think this is an abrogation of their duties in oversight and now an unfortunate waste of valuable time resource for many of the teachers and students who now have to participate in this TAKS-alt system. I have no idea how scores are reconciled or accounted for in the broad scheme of things or if the scores from TAKS-alt figure into achieving “Exemplary” or “Recognized” status for individual schools and districts. Maybe we can open up a discussion here and find out? My initial thought about the situation is why didn’t the people in charge just fire people who were misusing the special education labels? How does it serve the children with special needs to take TAKS or TAKS-alt? I think this has come to pass to satisfy a bureaucratic need instead of an educational need.
The bottom line in my view, is that many of the children in special education are not in school to prepare for college or some kind of career. We are teaching them skills of daily living and preparing them with basic knowledge to live a quality life at whatever level they can attain. Many of the test questions developed for TAKS-alt are about skills and knowledge that would be taught regardless of the existence of the TAKS exam, but the time spent in developing TAKS-alt for every student is misplaced effort. I also must assume that scores from TAKS-alt testing will be statistically meaningless since every test is individualized. There is no way to create a standardized test for special education or compare scores across student results.
I don’t know if Sarah Palin will have any way to help bring some sense to the realm of special education, but we can start a conversation and see where it leads. I welcome comments and feedback for this topic. I am not an expert on the law and implementation for No Child Left Behind, but I see its effect in the “trenches” so to speak. For the most part everyone is trying to help the children, but sometimes we can’t see the forest for the trees!
By: Daniel Tague
