Parents are an important part of a child’s Individual Education Plan (IEP) team.
As your child’s parent, despite the recommendations of teachers and other professionals, you, like no other, often know what is best for your child.
The re-authorization of the Individuals with Disabilities Education Act (IDEA) includes parents as members of any group that makes decisions on the placement of their child. [20 U.S.C. Chapter 33 Section 1414(f)]
Often parents feel powerless in the IEP process. They may feel overwhelmed with the information presented and they may feel pressured into deciding their child’s education.
Be proactive. Research areas that you are unfamiliar with, ask questions and never stop learning. One Internet site that may be useful to you in learning about IDEA is: http://www.ed.gov/offices/OSERS/IDEAfindex.html
You may also wish to consider a few of the following tips to help you through your child’s IEP meetings.
Come Prepared.
Request that all reports used in determining services and placement be given to you prior to the meeting. This will afford you the opportunity to read and review all information that will be used during the IEP meeting. [Sect. 1415(c)]
Be prepared with a list of questions and concerns you want addressed during the IEP.
One effective tool is to have a pre-planning meeting with your child’s teacher to discuss your child’s present level of performance and areas that may need to be addressed as part of the overall goal of your child’s IEP.
Be Part of the Team.
To the greatest extent possible, work as a team with your child’s teachers and support team. Communicate with your child’s teacher via notes, telephone or e-mail. Know your child’s strengths and weaknesses.
Put it in Writing.
When you request an IEP, do it in writing and date the request. Always keep a copy of any correspondence between yourself and the school system. Invite everyone necessary who has a part in your child’s educational life. This would include private therapists, counselors, tutors, behavioralists or anyone else involved in providing supports or services for your child. Be aware that the IEP meeting needs to be scheduled at a mutually convenient time.
As a parent, you can request the school set it for a time that you are available to meet. Also request they set a block of time aside that allows for all the necessary areas to be covered. Don’t ever feel rushed. This is a critically important meeting and it needs to be given its due time.
Taping is not just for politicians. Notify the school that you will be bringing a tape recorder. Everything discussed does not get memorialized in writing. Often in the heat of the moment, important facts get lost. Test your recorder prior to the meeting and bring plenty of tapes and batteries. Label your tapes and save them; you never know when you might need them.
Bring a Friend.
Bring someone with you who can remain impartial and keep you on track. This person should be familiar with your child and his/her needs and have a working knowledge of the IEP process.
Know Your Child’s Rights.
Never feel that you are imposing by advocating for your child’s rights. Your child has a right to a free and appropriate education. [Sect. 1412 (a) (1) (A)] Start out the IEP meeting by discussing your child’s present level of performance, which includes how your child’s disability affects his/her progress in the general curriculum or if in preschool, how it affects your child’s participation. [Sect. 1414(l)(A) (i) (/) & (//)]
Your child’s needs, not his/her disability, drive the services and placement provided for your child. Your child is entitled to the least restrictive environment, with the use of supplementary aids and services. [Sect. 1412 (a)(5)] Because your child has a disability does not mean your child must be in a segregated education environment. If the state uses a funding mechanism that bases funding on the type of setting or classroom that your child is served within, it is important to remember that this mechanism cannot violate the least restrictive environment protection of IDEA. [Sect. 1412(a)(5)]
You Can Question Evaluations.
Parents can dispute evaluations and request the school provide an independent evaluation. Evaluations shall consist of a variety of assessment tools and strategies to gather relevant functional and developmental information. [Sect. 1414(b)(2)(A)]
Schools may not use any single procedure as the sole criterion for determining a child has a disability or placing a child in an educational program. [Sect.1412(b)(2)(B)]
Mediation is an Option.
If a dispute rises to the level where the parent is requesting a hearing, the school must offer the parent the option of resolving the issue through mediation. [Sect. 1415(e)(1)] The mediation must be voluntary, not used as a tactic to deny or delay a parent’s right to due process, and must be conducted by a qualified and trained impartial mediator. [Sect. 1415(e)(2)(A) (i - fli)] This mediator may not be an employee of the school system. The mediation is at the cost of the state and the school must provide the parent with a list of qualified mediators who are knowledgeable in special education laws. [Sect.1415(e)(2)(C)] The sessions shall be scheduled in a timely manner and held in a location convenient to all parties. [Sect. 1415(e)(2)(E)] Discussions within the mediation are confidential and cannot be used as an admission by either party. In essence, mediation has the same confidentiality as an offer of settlement.
You cannot tape record the mediation meeting. Anything expressed cannot be used as evidence in any subsequent due process hearings or civil proceedings. [Sect.1415(2)(G)] The agreement will be put into writing as the mediation agreement.
When dealing with your child’s education, the best advice is to familiarize yourself with your child’s needs and to know his/her rights. Let common sense dictate, and if you don’t agree with a decision, challenge it.
You don’t have to be adversarial to advocate, you just need to be informed.
(Editor’s Note: Ms. Cintron-Siegel can be reached at acintron-siegel@advocacycenter.org.)