Navigating the Special Education System in the US

Saturday, December 31, 2005

Preparing for the School Aged IEP - Needs

It's just plain difficult - figuring out what your child is going to need in the public education system without ever having been there. Of course we can all find those lists of "must have's". But truly each child is unique and there are no cookie cutter needs. That is of course why they call the plans Individual Education Programs.

Early intervention for most, is a great experience. Our kids have Special Education teachers overseeing them, along with multitudes of aides. The teachers hold our hands and talk with us one on one. In most cases, there is a child to teacher/aide ratio of at least 10 to 1. Our privately hired aides are welcome and greeted with open arms. We feel safe and secure. I now refer to those days as my "spoiled years".

Enter Kindergarten or other first year experience in our Public Schools. Firstly, thanks to recent multitudes of sex offenders, kidnappings, horrendous violence in schools, and the likes, there are new rules and regulations for ALL parents and students. Our kids sometimes walk through metal detectors on the way to their kindergarten classes. Parents cannot wander into the school without prior permission, signing forms and wearing special ID. Children either are bussed or dropped off at the end of walkways no matter how apprehensive or young they are (I vaguely remember Mom walking me into my Kindergarten classroom every day). Kids as young as 5 are thrust into a full day program and are told about Zero Tolerance policies. They are made to sign anti-bullying contracts (even when they can't completely print their names). The student/teacher ratio just bumped up to a whopping 25/1. It's a Brave New World (thank you, Mr. Huxley).

Add to this a child with special needs and a specially designed individual educational program. Who decides what your child needs? How do they know? How do you know? How do you know if they really know?

The best thing you can do for your child is to sit down and make lists. Firstly, you need to make a list of your child's strengths. Now, this is harder than it sounds. You've been focused on fixing the difficulties and can probably rattle off a few without thinking. But strengths are oh so important. And strengths can be as simple as "is a good eater", "is bright", "is polite". You need these so that you can present to the IEP team a list of things they will not have from any of the many evaluations or reports. Like we all do, the school members of the IEP team need to know what makes your child who he/she is. The whole big picture. Not just the problem parts.

The second list is, of course, the problem spots. I'm sure I don't have to give examples as you've been working and dealing with them most probably since birth.

Your next step is to take these lists and think about what things help your child overcome the difficulties and what things encourage the strengths. For instance, if your child has sensory processing difficulties and chews on his shirt, does chewing candy or gum satisfy this oral craving? If your child is physically unable to write, can she type on a keyboard? Does your child naturally present his polite nature or does he need incentives or rewards to remind him?

These things are part of her educational process. Even though "child is allowed to have chewing gum or candy in class" does not seem to be an "educational need" on the surface, it is. If your child cannot pay attention, he cannot learn. If chewing candy helps him, then it is an educational need.

You know your child better than anyone ever will (besides the child himself). Your input at the IEP meeting is invaluable. The school will be looking at evaluations done in Early Intervention. In our experience, that was the worst place to evaluate our son. He did so incredibly well there. Of course, the class was only 2 1/2 hours. And he had a multitude of accommodations by the staff. And a really great teacher. So the evaluation gave the school false hope that he really didn't need much help in Kindergarten at all. It was through our own persistence that we achieved getting what he needed in place (and after some major failures without those things).

So this is your homework. Make your lists. Incidentally, you might find these help you at home as well.

Thursday, December 29, 2005

Today's Musings

I posted some links to this blog at support groups to which I belong. I am encouraged to hear that many have not had to fight to get their children appropriate placement and/or supports. And some actually took offense to the tone of the blog stating it was too harsh.

I did look at the tone and agreed that there was some terminology that could lead a parent to believe the information was absolute. It is not. However, as an incorrigible "Pollyanna" (I still play the "glad game" many days), I was unprepared for any controversy when we entered into the school system.

In our case, we fought all summer long to even get our child into the districts special education system even though he was in "Early Intervention Preschool" at the time. But even then, I believed what I was told...all oversight, misunderstandings, etc. and went into the first IEP meeting extremely open minded.

The IEP meeting went better than we could have ever imagined. Everything we asked for was acceptable by the school. It was almost "too" easy. And thereafter is where it all went terribly wrong.

I won't delve into the details of our specific problems. You can probably get a pretty good idea based on the "things I've learned" list. But I will say that I was oblivious to many things that had I known I would have been better prepared for.

I guess I've learned to mix my "Pollyanna" optimism with a little lemon these days. Sort of makes a nice lemonade :-)

In any case, this blog did not intend to pit you against the school districts. Nor did it intend to give you a pre-public school ulcer. It's just things many of us parents have learned the hard way and hope to help others walk into the process much more knowlegeable and less naive than we.

Thursday, December 22, 2005

List of "things I've Learned"

  • Never believe comments such as “we know what's best, we've been doing this forever”, “we KNOW [your child's diagnosis] as we've had tons of kids with [your child's diagnosis] before”. Plan to have to continually educate the school staff on your child's issues as they pertain to YOUR child.
  • Know that no matter how nice and well intentioned they seem, the school as a whole, rarely has your child's best interest at heart. It is a business. Keeping it financially functioning by passing state and federal requirements is the school's #1 priority.
  • Never expect the school, or any representative of the public educational system to explain the special education system to you, your rights, what much of the paperwork means or what your child is entitled too. Neither should you expect them to be 100% forthcoming or truthful in their explanations and answers.
  • Never under-estimate your school's knowledge of the special education process. They may appear to be “green” but are well versed in the laws as it pertains to them. And they have a extremely tight grasp on how to provide as little as necessary to remain compliant with laws.
  • Learn about special education. Understand that special education is not a place, but individualized education. For example, children with superior IQ's (aka gifted) are entitled to “special education” which may mean curriculum differences from that of the regular education program. Special education is not a room.
  • Understand the difference between “best education” and “appropriate education”. There are no laws requiring schools to provide the “best” education to your child. They do, however, have to provide FAPE (Free APPROPRIATE Public Education).
  • Understand that the federal law says “inclusion” also referred to as mainstream is what should be considered first in deciding a child's educational placement. However, that does not mean the child must fail in a regular classroom before he can be moved to a special classroom. And on the other hand, it does mean that inclusion should not be ruled out until the team has fully discussed and agreed upon other options.
  • Find out what special education classrooms your school district houses. Schedule a time to visit these classrooms before any placement meetings if you are considering or the school has suggested a special classroom for your child. NEVER agree to placement until you have visited the suggested classroom.
  • Read IDEA 2004 (Individuals with Disabilities Education Act) and any related laws. Also find out your state's laws pertaining special education. Understand that individual states can “add to” IDEA but cannot take away from.
  • Learn the difference between a 504 Plan and an IEP. 504 (accommodation) plans were originally developed so that schools did not discriminate against children with disabilities. An IEP is an Individual Educational Program which includes specially designed instruction for your child. Schools receive federal and state funding for children who fall under IDEA and receive IEPs. However, this is not true of children under the 504 plans. Major point: there is no funding for 504 plans.
  • Never be afraid to seek a lay or educational advocate to help you weed through the special education process.
  • Visit Wrightslaw.com and read as much as you can. Even if you don't think these things will happen to you, better to be prepared than blindsided.
  • Do not believe that your school is “the best” or “the worst” for special education based on other's experiences. Each experience is unique to the child – what's good for one is not for another.
  • Do expect that you may“butt” heads with school administrators over requests, accommodations, and anything that pertains to financial spending and budgeting.
  • List your child's strengths and weaknesses as they pertain to his schooling in a simple one-page format to present to your IEP team.
  • List things that you know help your child at home or from previous experience in a simple one-page format. Do not "expect" all school representatives to read this.
  • Do not presume a school district official will set an IEP on calendar in a timely manner without your being responsible for initiating the request, following up on it repeatedly if necessary, and being sure that ALL parties who need to be present are invited. Do expect a written invitation.
  • Know that school district personnel may try to avoid scheduling an IEP "until the beginning of next semester", or, "after the summer break"
  • You are a crucial part of the IEP team. The school or representatives cannot decide placement, services, or accommodations without your input. They may only suggest based on their evaluations and experiences.
  • Never, ever, ever sign ANYTHING until you've taken it home, slept on it, talked with others who can answer questions, and are sure of what you are signing. This includes anything given at transition meetings, “off record meetings”, IEP meetings, etc. What you sign is most likely a legal document. Just don't do it until you've had the proper time to understand what it means. Beware of the school representative that says “Oh, this doesn't really mean anything other than...” to push you to sign. If it doesn't mean much, than it shouldn't be an issue NOT signing at that moment.
  • Know your rights, what your child needs to succeed in a classroom, and be prepared to negotiate the small stuff.
  • Bring food for all to IEP meetings - people like to eat :)

After the meetings

  • Never presume the IEP is being followed.
  • Always keep the communication lines open, especially with the teachers.
  • Request an IEP team meeting anytime you feel things are not what they should be. Do so in writing and provide several days and times of convenience as options (two weeks is considered courteous notice).
  • Do provide your child's teacher(s) with communication books. A simple Composition book that the teacher daily notates issues in, is perfect. Do get this written into the IEP.
  • There are more reasons why a child might be found to no longer need a service than that they've improved to the point where it really isn't needed anymore -- though that will most likely be the reason parents are given. The most probable explanation is that there aren't enough therapists or classroom space to go around. In that case you need to gather your evaluations and make a case for your child still needing that service.
  • Schools may insist there isn't enough money to do whatever it is that you want them to do. Know that "lack of funding"is not a legitimate excuse.
  • Do not be afraid to work your way up the chain. Start with the District Spec. Ed. Office, then go to the Superintendant of Schools for your district, then to the State Superintendant if necessary.