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
Posts Tagged ‘Learning Disability’
4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings
December 14th, 2009Special 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
