Tag Archives: disagreement

Negotiating your Child’s IEP: The Non-Negotiable

24 Sep

When you go to the team meeting for your child’s IEP, you need to be prepared.  I go with a list of personal goals that I want to accomplish at that meeting.  My goals are separated into two lists:  The negotiable and the Non-Negotiable.  This list will be different for each parent, so I can’t tell you what to put on your list.  Here is a list of ideas that I would NEVER compromise on.

1.  Full and equal parent participation:  Your opinion should count. If you are being “pushed aside,” you will need to assert your parental rights. Announce to the team that you feel your opinion is not being heard.  If you cannot get yourself heard, you can halt the meeting by asking for the team to reconvene later when the team is ready to hear your opinion.  After the meeting, you can send a letter to the special education director in which you describe the meeting in detail, especially the points where your opinion was devalued or went unheard by the team.  You can ask that the letter be placed in your child’s file. This letter will start a paper trail if you need to go to mediation with the team.
2.  A Truly Individualized IEP:  If you feel like the IEP that is  presented is “cookie cutter”, meaning it does not sound like it was designed for your child, I would be sure to make suggestions that would make the IEP fit more to your child’s needs. Be sure your child’s present level of performance is detailed and his/her needs and characteristics are clearly specified. Then, be sure the services meet the needs of your child.  Your child’s IEP should have a logical flow to it all leading up to the goals and services they will get.
3.  Measurable Goals: If the goals are not measurable, you will never be able to tell if your child is making true progress.  You will have to rely on teacher observation reports, which is not data.  You need data to show true success!

The above is a list of general ideas that I would never compromise on.  However, I always have other things on my list that are specific for my child.  For example, my child is dyslexic so I had on my list of the non-negotiable that he get a multi-sensory explicit phonics program.  That is an item that is specific to his disability.  You will want to research what the best interventions are for the type of disability your child has and put those things on your list.  I always go to an IEP meeting ready to negotiate.  Negotiation sometimes means you have to give in on some of your goals.  Be ready to present some goals and ideas that you are willing to leave on the table in the end.  I do this for two reasons.  If I get the negotable for my child – Great!  If I don’t get them, I just compromised with the team opening the door for them to make a compromise with me  on an issue I absolutely won’t compromise on.

Can I refuse Special Education for my child?

17 Sep

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.

Should I Sign My Child’s IEP?

10 Aug

What to Consider Prior to Signing a New IEP 

An individual education program or plan is a document that outlines the special education services your child will receive.  It includes your child’s disability, current academic performance levels, accommodations they will get, services to be provided, goals for your child to meet, and how they will be assessed. An IEP is a legal document that is binding for the school district.  As a parent you have the right to revoke your permission for the IEP at anytime. Many of us parents worry about our children’s IEPs.  We wonder if it is appropriate, if it will benefit our child, and if we should give our permission to implement it.  You should never feel pressure to sign an IEP, you have 30 days to consider it.  Here are some things to consider prior to signing an IEP (or after you’ve signed!):

  • Do I agree that my child does indeed have the diagnosed  disability? If not, why do you believe your child isn’t making progress?
  • Do you believe your child truly needs the listed the accommodations?  or Do you think they will need more accommodations to make  progress?
  • Do you believe that your child’s school can deliver the specially designed instruction your child needs to make progress?  If not, what has led you to believe this?
  • Do you believe your child has other educational needs (such as, social needs or behavior support) that the school has not addressed in the IEP?  If yes, what needs are these?
  • Has the school written MEASURABLE goals? (For example:  Joe will improve his oral reading fluency to 60 words per minute by the end of the third marking period. This is measurable because a teacher can measure words read per minute by doing a running record of Joe’s reading.)
  • Do you think your child is going to receive too little or too much direct special education services?  If yes, how much service time do you think they need?
  • Do you agree that your child needs to be removed from their classroom to receive their services?  Do you think their needs can be best met in the classroom?  Does the IEP reflect your belief in this area?
  • Do you think your child would benefit from a summer program?  Why or why not?
  • Is your child being assessed in a fair, non-biased way?

After considering the proposed IEP carefully, you have 3 options.  You can accept the IEP as developed, sign it, and return.  Services for your child will begin right away.  You can reject the entire IEP as developed, sign it, and return.   No services will be given to your child and a new meeting will be scheduled.  You can reject portions of it that you are uncomfortable with, sign it and return.  This last option is beneficial for your child because some services (the ones you have not rejected) can be started as soon as the document is returned.  If you take the last option, you should attach a letter stating which portions you are rejecting and why.  I will post later about this option later because it is a real benefit to parents who are advocating for better SPED for their children.

How to be a Special Ed. Advocate for your Child

27 Jul

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.

Settling a Disagreement with Your Child’s School

11 Jul

More than likely there will come a time when you disagree with your child’s school about what is best for your child (if it hasn’t happened already). Sometimes you will have a different vision for child than their school does. You know your child better than they do, you see your child in many different settings (they see them only at school). You know your child’s dreams for the future and you want to help them obtain them and you should. You are your child’s best advocate!
That being said, if you disagree with something you child’s school says or does in regard to your child, you should speak up and voice your opinion. I suggest that you always speak up quickly, do not let an issue go for several days or weeks and then complain. If you are dissatisfied, you need to give the school a chance to fix the problem right away. On the other hand, you may not want to speak up until you have had a chance to get all the information and think about it for a bit. Sometimes when we speak immediately our emotions get the best of us. You want to always act in a professional and rational way. If you don’t, you risk losing your credibility with the school staff. You become “Crazy Mom/Dad.” You don’t want that label. Besides, you want the school to know that you are only trying to get the best for your child and you do not have a personal score to settle with them. Likewise, the staff should communicate with you in professional way.  However, if a school staff member treats you with disrespect, you need to let them know you will not tolerate such treatment. Immediately call that person’s superior and file a complaint.
If the school does not solve the problem to your satisfaction or denies there is a problem, you would then take your disagreement to the next level…a letter. I would write a letter to the person you have communicated with and send a copy to the principal (or the asst. Superintendent if the principal is the person you are disagreeing with). In the letter, I would restate the disagreement, state how you attempted to solve it and ask that another attempt at a resolution be made. Usually, this is enough for the school to know you are serious about your complaint and they will attempt to come to a resolution with you. If your letter does not work, I would then ask for a meeting with all parties to be present (reconvene your child’s team). If a resolution is not met at the team meeting, you should put your complaint in writing to the school again and ask for mediation. Be aware that you may have to revoke your permission you gave for the IEP to get mediation and this will affect your child’s services. Be sure that the disagreement is worth the fight before you take this extreme measure. Remember that if you go to mediation, there is a chance you could lose.

Good luck and remember you are your child’s best advocate and to always be rational and professional in all your dealings with the school.