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 ‘School Districts’
4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings
December 14th, 20099 Things to Know About Use of Restraint and Seclusion For Children in Special Education
December 12th, 2009
Are you the parent of a child with autism or another disability that has behavioral issues, especially at school? Are you concerned about what how special education personnel are handling the behavioral issues? Has your child told you that “so and so hurt me today?” This article will be discussing 9 things that every parent must know about the use of restraint and seclusion in school settings.
Here are 9 things that you need to know about the use of restraint and seclusion in school districts:
1. Definition of A restraint is–Any manual method, physical or mechanical device, material, or equipment that immobilizes or reduces the ability of an individual.
2. Definition of Seclusion is–The involuntary confinement of an individual alone in a room or area from which the individual is physically prevented from leaving.The involuntary confinement of an individual alone in a room or area, from which the individual is physically prevented from leaving. Seclusion should only be used for the management of violent or self-destructive behavior.
3. The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS) has stated that: Aversives, restraints, and seclusion can cause emotional, psychological, and/or physical damage as well as death.” The most dangerous practice which causes the most injury and death; is of prone restraints which has the child face down! They cannot breath, and some children have died as a result of this barbaric method!
4. The National Education Association has issued guidelines that discuss restraint or seclusion of violent students, stating that physical restraint should be used with a student only when there is an imminent risk either of harm to a person or property damage.
5. Parents, community members, and professionals have had concerns about the length of time, that students are in time-out, as well as the supervision and safety of students in seclusionary time-out settings.
6. National Disability Rights Network examined all state laws, policies and guidelines. Including the District of Columbia shows that, of the 56 states and territories in the United States:
Forty-one percent (41%) have no laws, policies or guidelines concerning restraint or seclusion use in
schools;
Almost ninety percent (90%) still allow prone restraints;
Only forty-five percent (45%) require or recommend that schools
Automatically notify parents or guardians of restraint/seclusion use.
7. The Office of Special Education Programs (OSEP) in the United States Department of Education oversees the enforcement of IDEA. OSEP has funded a technical assistance project – one focused specifically on positive behavioral interventions and supports and of best practices, including behavioral supports. Because of its emphasis on positive behavioral intervention and supports, you would expect OSEP to be supportive of alternatives and against the violent and abusive practice of restraint or seclusion, but they are not!
8. OSEP has done little, if anything, over the past 33 years to protect children with disabilities, from the use of restraint or seclusion. The most unfortunate outcome of OSEP’s lack of back bone is that these procedures continue to be used causing injury, emotional difficulty, and death!
9. Best Practices: IDEA recommends that students with behavioral challenges receive a system of positive behavioral interventions and supports. Positive behavioral interventions and supports is a research-based method for improving student behavior and creating a safe and productive school climate. The practice of positive behavioral interventions and supports is: proactive, comprehensive and data driven. It should be noted that this approach has been shown to significantly reduce problem behaviors, disciplinary referrals, and suspensions.
By having this information you will be able to fight for your child, so that they are not injured or killed, by the dangerous practices of restraint and seclusion. Also by knowing what best practices are, you may be able to advocate that these are carried out for your child. This will help your child be safe and also be in an environment where they can learn!
By: JoAnn Collins
6 Important Things to Know About Special Education – Independent Evaluations at Public Expense
November 21st, 2009
Are you the parent of a young child that you believe may have autism, but special education personnel disagree? Was your child recently tested, by school personnel and you disagree with the test results? Parents are entitled to an Independent Educational Evaluation (IEE’s) at Public expense, under certain circumstances. This article will discuss 6 things that you need to know about IEE’s at public expense.
An IEE is an Independent Educational Evaluation that is conducted by a qualified person who does not work for your school district.
Below are the 6 things that you must know about IEE’s at public Expense;
1. Parents are entitled to an IEE at public expense if they disagree with the school districts evaluation. You may disagree with the tests, how the tests were conducted, the results of the tests, or how the results of the tests were interpreted. If your child was tested and you believe that they have an undiagnosed disability, such as autism, then you would be entitled to an IEE at public expense.
Several areas of disagreement may be included in one IEE at public expense. For Example: If your child needs testing by a Neuro psychologist and an occupational therapy evaluation, these can be handled at the same time, though by different personnel.
2. School personnel may ask you what you disagree with, but they can not require you to answer.
3. If you ask for an IEE at public expense the school district has two choices; either pay for the evaluation, or file for a due process hearing to prove that their evaluation is correct. The problem is, that most states do not state how long special education personnel have to decide, which course they are going to take. If you feel that your school district is taking too much time making a decision, try filing a state complaint with your state special education department.
4. If special education personnel in your district, agree to pay for the IEE at public expense, they must pay for the entire evaluation.
5. In your request for an IEE at public expense include the qualifications that you want the evaluator to have. This is especially critical if you believe that your child needs to be seen by a Neuro psychologist; due to the cost of the evaluation.
Also include in the request the areas that you want tested. IDEA states that school personnel and parents must agree on areas to be tested, but does not state that they must agree on the tests. If the areas to be tested cannot be agreed upon, the school district should file for a due process hearing.
For Example: Because my child’s IQ dropped 40 points I am asking for a comprehensive independent evaluation conducted by a Neuro psychologist to include: testing for any undiagnosed disabilities or neurological problems, IQ testing, academic and functional level testing, adaptive behavior testing. I am also asking for an evaluation with a Registered Occupational Therapist because I disagree with the school’s evaluation.
6. School districts can make criteria for IEE’s at public expense but only under 2 circumstances. A. They must allow for parents to ask for a waiver of criteria if the situation warrants, and B. The criteria must not prevent the parent from getting an IEE at public expense.
An IEE at public expense can help diagnose undiagnosed disabilities, help you figure out what special education and related services your child needs, help you with placement recommendations etc. By knowing these important things about IEE’s at public expense, you will be able to help your child get the services that they need and deserve.
By: JoAnn Collins
