Navigating the Special Education System in the US

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.

1 Comments:

  • Please keep in mind that this is not legal advice. These are merely things parents had either "wished" they had known ahead of time or things they have learned along the way. Not every educational experience is negative. Likewise, not every experience is positive.

    By Blogger AS Mom, at 2:12 PM GMT-5  

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