SPED Parents Beware!: 10 SPED Mistakes to Watch Out For

Deciding to place your child in special education is never an easy decision to make.  As parents we worry if we are making the right decision and if the school will do their best to service our child’s needs.  I like to think that all schools, every where, are doing their best to meet the need of all the children they serve.  However, I know this is not true, so, based on my experience as a parent and teacher, I have come up with a list of ten things to watch out for.  Any of these things could* signal to you that your child’s school is not complying with special education regulations.

10.  Not Informing You of Your Rights:  The school should give you a copy of your rights (called the Parental Safeguards) every year.

9.  Completing Paperwork Late:  A new IEP is written every 12 months, your child is re-evaluated every 3 years, & testing is done within 30 days from permission granted.

8.  Being Inflexible About Meeting Dates & Times:  The school is required to make an effort to have parents at the meetings.  If you request a change in date or time, it should be granted.

7.  Missed Service:  The IEP is a legally binding contract.  The service time must be provided.  If a teacher or specialist is out, that service time is to be made up to your child.

6.  Unmeasured Progress &/or Goals:  The school needs to keep track of your child’s progress (or lack of progress) on  the IEP goals.  They need to report this to you in progress reports.

5.  IEPs that are not Individualized:  Some schools write IEPs for groups of students.  IEPs must be individualized.  Be sure your child’s IEP matches their unique needs.

4.  Under-qualified Staff:  Ask if the teacher providing the service is licensed in special education, occupational therapy, etc.  A teacher’s aide shouldn’t be the main service provider.

3.  Not Accepting Parent Input at Meetings:  You’re an equal member of the IEP team and should be treated that way.  Your ideas count and should be taken seriously.

2.  Unauthorized Changes to IEP:  An IEP cannot be changed with out your permission (even something small).  Once you sign it, it’s a legal document.

1.  Non-Negotiation with Parents:  The school should try to resolve disagreements with parents.  The “my way or the highway” approach to IEPs shouldn’t be the expectation.

*Keep in mind that laws differ from state to state and that sometimes schools make honest mistakes.  If you find any of these mistakes being made at your child’s school, I would carefully investigate by first, reading the parental safeguards that you should have received, second, researching your state laws, and finally, asking some carefully worded questions (with a follow-up in writing).  I suggest that parents assume positive intentions from their child’s school, however, it is the obligation of school staff to know the laws and to follow them.

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Can I refuse Special Education for my child?

You have the right to refuse to have your child be evaluated by the school district.  Before a child can be placed on an IEP, a district must evaluated the child to see if they have a qualifying disability.  The district must get your consent, in writing, before they can do this evaluation.  After this evaluation is done, if your child qualifies for special education services, you must again give your written consent for their initial placement in special education.  You have the right to refuse to place your child in special education for the first time.  You can withdraw your consent for an evaluation and initial placement before they begin.  You have a right to be present at each team meeting for your child and to take part in the decision making process.

Once you have given your consent for an evaluation and the initial placement in special education, you must be notified, in writing, when the school has made an important decision affecting your child’s education before that decision is put into place.  The written notice (officially called prior written notice) should include the decision made, why the decision was made, a description of other options considered and why they were refused, and a description of what information was used as the basis for this decision.

You should be aware that if you refuse an evaluation for your child the school district can override your decision by requesting a due process hearing.  At the hearing, an administrative law  judge will decide if your child needs an evaluation in order to get a free and appropriate public education (FAPE).    Every child is entitled to this under federal law.  If you still disagree with the court order to evaluate, you have the right to bring a civil suit against the school district.  The school district cannot, however, get a court order if you refuse initial placement in special education.  That decision is completely up to you.

How to be a Special Ed. Advocate for your Child

If your child struggles in school, you will need to be a strong advocate to get them the help they need.    When I began to suspect that my pre-school child had special education needs, I went straight to the school.  They did a screening on my child and told me everything is fine.  But I knew it wasn’t.  I am also a special education teacher, but my mom intuition was what was telling me to pursue this further.  I had to push for an evaluation to be done on my child.  When he did qualify for special education, then the real fight began.    I had to learn how to advocate for my child so that I could get him what he was going to need to achieve.  My son is now entering 3rd grade. He has been placed in a wonderful program for children with language-based learning disabilities.  He is happy because his needs are being met.  He continually makes progress and feels proud of himself. One of my happiest moments each day is seeing his happy-go-lucky face skipping out of school.  It is what I always wanted for him.  I made many errors trying to advocate for my son and from those errors, I learned a great deal.

Here is my list of Do’s and Don’t while trying to advocate for your child:

Don’t Do These Things 

• Get overly emotional or argumentative
• Make quick decisions
• Knock it until you try it
• Make something more intense than it is
• Trust that you have all the information
• Make verbal agreements
• Make threats you won’t follow through on
• Allow your child to be given anything less than what they deserve
• Agree to your child having lower expectations placed on them
• Let things that make you uncomfortable slide by without discussing them
• Do anything for the sake of being nice or agreeable

Do These Things

• Research your child’s disability and treatment options
• Find out what resources are available to your child
• Ask lots of questions to many people
• Put things (requests, disagreements, agreements, conversations) in writing
• Ask for verbal agreements to be put in writing
• Think before you make a decision
• Consider all alternatives
• Remain calm, respectful, and mature
• Look through all documents, reports, updates, etc.
• What you feel is the right thing for your child
• Follow through with ultimatums, threats, or agreements made
• Ask for help if you need it
• Talk to other experts or experienced people
• Give the school a chance to correct mistakes or try something new
• Attend all meetings
• Get to know the school staff
• Make your opinion heard
• Consider yourself an equal member of the special education team
• Remain positive, hopeful, and strong

Advocating for your child is not easy, but it very rewarding.  You may not always make the right decisions, but if you are making your decisions with the right priorities in mind (your child’s needs) even your mistakes will be okay.