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 ‘Parenting Tips’
4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings
December 14th, 20094 Parenting Tips to Help You Enforce Special Education Law
November 12th, 2009
Do you have a child with a disability who is receiving special education services?
Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA).
IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.
The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.
1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.
2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.
3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.
By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them.
Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.
For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.
4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.
The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking.
By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!
By: JoAnn Collins
