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This site gives examples and tips on how the parent can be during an IEP meeting. Gives them a green light to ask for clarification or any questions or concerns they may have.

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IEP meetings can be intimidating for parents... IEP meetings are intimidating. I'll be honest, I have attended meetings where the parent has cried, and I have attended meetings where I have cried with the parent. IEP meetings are tough.

If there's anything we can do to help, we should be doing just that as the child's teacher and a fellow advocate who is working with parents with the best interest of the child in mind.

Helping parents feel more comfortable during meetings is not only a great way to build rapport and show you care, but it will also ensure that the conference runs smoothly.

When parents are more comfortable with what is going on, it also assures them that the student, their child, is be provided with the services that the student needs to be successful. And that's what the team wants - the child to be successful.

Figuring out how to make parents feel more comfortable at IEP meetings can be tricky, so I asked veteran teachers in the VIP Facebook Group for their best advice. Here are some of their tips and tricks for creating a caring atmosphere during a what may possibly be a parent's nightmare.

How to Help Parents Feel More Comfortable at IEP Meetings

Knowing what to say and how to say it can be the key to helping parents feel more comfortable during an IEP meeting. Here are some strategies to make that happen:

Ask for the Parent's Input Before the Meeting

We spend a huge chunk of a time with each of our students each day. But parents spend the most time with their children; they know them best.

One of the quickest, easiest, and best ways to build positive rapport with parents is to ask for their help. Ask for their input. It makes them feel like a member of the team... which they are.

Send a Draft Ahead of Time.

If possible, send home a draft of the IEP ahead of time so that parents can look it over. This gives them time to read through it and jot down any specific questions or concerns they may have.

Some districts do require this, so it's best to ask if you're new to the school or district. If there is no requirement, it is still a great practice to get started on your own merit. Don't blindside the parent.

Start the Meeting with a Positive Message.

Have a Written Agenda.

Personally, I like to know what's coming next. It helps calm my nerves and makes me feel more confident overall. This is true for parents as well.

By providing the team with an agenda, not only will it help calm any anxious nerves about the IEP meeting, but it will help keep the team on topic and in line with the progression of the IEP meeting.

It's a double win here.

Stop Frequently.

Pause during the IEP meeting to check and make sure that parents understand what you are discussing. Often the IEP process and wording is second nature to teachers, but the acronyms and language are not typically part of parents' everyday vocabulary.

Stop frequently, check for comprehension, and answer any questions that they might have.

Here is a list of special ed acronyms you can provide to parents.

Be Honest.

Honesty is key. If you don't have the answer for something, say that and let them know that you will find it out for them. Being caught in a lie destroys trust and will pave the way for much rockier IEP meetings down the road.

Don't Sugar Coat, but State the Positive.

Parents already know that their child is struggling, so reminding them of the positive things that he or she can do is essential. Don't sugar coat it and make it not seem like an important piece, but find a way to emphasize something positive in the struggle.

The student's effort, attitude, or even pencil grip ( if nothing else) can all be used to demonstrate positive pieces of the puzzle. There is always that the child has a strength in... always.

Talk About Personal Experiences.

If you have been in their shoes as a parent with a child who has an IEP, let them know that.

Empathize with their nervousness and explain how you have been where they are now with your own child. There is comfort for them in knowing that you understand what they are going through.

Provide the Parents with an IEP Binder.

As the most important advocate for a child, they too know how overwhelming all of the paperwork and special education jargon can be. A Parent IEP Binder for is a simple, effective organizational tool to keep all of their child's important IEP information in one, organized place.

Parents will no longer need to feel stressed about a meeting, because they'll have all they need in one systematic place. The parents can fully concentrate on the meeting, making the meeting more meaningful to both the parent, the child, and the IEP Team.

Make Sure They Can Contact You After the Meeting.

An IEP meeting can be overwhelming, and questions often arise after parents have left the room. Give them your contact info ( if they don't have it yet) and make a point of letting them know the best way to contact you if they have any questions.

Keep the lines of communication open as that builds trust.

You can always go one step further and email the parent 24-48 hours after the IEP meeting to check in and see if there are any questions or concerns now after sleeping on it for a night or two.

Perhaps the best way to make parents feel more comfortable at IEP meetings is to build a positive relationship with them ahead of time. Take the time to reach out and get to know them throughout the school year so that when the IEP meeting rolls around, they already know and trust you.

This not only makes them feel more comfortable and confident, but it also helps you know the best ways to approach them. You are much more likely to get buy-in and support from families who already feel as though you have their child's best interest at heart.

The IEP Meeting Toolkit is your comprehensive kit, all you need to prepare for an IEP meeting ( aside from writing the IEP). Take a closer look in the video below.

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Helping Parents Feel More Comfortable at IEP Meetings - Mrs. D's Corner

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IEP meetings can be intimidating for parents... IEP meetings are intimidating. I'll be honest, I have attended meetings where the parent has cried, and I have attended meetings where I have cried with the parent. IEP meetings are tough.

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This site is for the parents that are more recently advocating for special education. Whether they are trying to barely get their child to get services or they are trying to get their child back on services.

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Joan Harrington, the founder of EASE, Educational Advocacy Services, provides insight and helpful strategies for parents advocating for special education services for their child(ren). In this video, Joan will first go over children's rights to special education services under federal law. Then she will explain how to attain services for Preschool Aged and School Aged children.
ENTITLED TO SERVICES

The Board of Education is required by law to provide services to any and all children in need of special education services. They receive funding from the federal government in order to provide these special education services. Any child who is diagnosed with a disability is entitled to these services. However, to be clear, your child is not entitled to the best services. The law only guarantees that your child receives a free and appropriate education by their local school district. Nevertheless, a child's education should still maximize their individual learning potential. This is where many parents can become frustrated with the services being provided to their child.

PRESCHOOL AGED SPECIAL EDUCATION

The Committee on Preschool Special Education works with children ages 2.9-5. These are children who are again out of Early Intervention. Children who did receive Early Intervention services transition seamlessly into these Preschool Aged Services. A child in this age range is likely to receive more services than a "school aged child". This is because these services can address the social , behavioral, and educational needs of the child. When the child reaches age 5, these services begin to simply address the academic needs of the child. At this age, children do not have a harsh label attached to them concerning their specific disability. They are simply classified as "preschoolers with a disability." Younger children can receive services in a regular preschool program or at home based on the preference of the parent.

SCHOOL AGED SPECIAL EDUCATION

School Aged children are children five years or older. If your child received preschool services then there is an automatic flow to receive services as a school aged child. However, children are still entitled to an evaluation if they did not previously receive services. At that point, you would send your written request via registered mail to the Committee on Special Education in the school district in which your child attends school. At that point, there are deadlines the committee must adhere to. As the parent you must decide which evaluations you wish to request for your child. Then, a meeting is held and an IEP or IESP is constructed for your child.

WHAT IS AN IESP AND AN IEP?

An Individualized Education Services Program (IESP) makes the parent(s) responsible to find and execute the special education services that are recommended for the child. IESP's are normally constructed in private school settings. They also normally lack recent evaluations. Conversely, an Individualized Education Program (IEP) makes the school district responsible for administering an appropriate education that includes special education services.

First, the IEP goes over the results from the most recent evaluations conducted. Next, you will review your child's academic achievement performance in the classroom. This information will be provide by your child's teacher an/or special education provider. Next you will go over the child's social development. This information will be provided by a combination of the teacher(s) and the parent(s). Lastly, you will review the child's physical development. Once again, this information will be provided by both the parent(s) and teacher(s). Each of these sections includes a spot to highlight the child's strengths. It is essential that you make note of those for each section. You will also go over special factors, additional evaluations, annual goals, and special education recommendation.
For more information, this video goes into even greater detail on how parents can access special education services for their children.

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Helpful Strategies For Parents Advocating For Special Education Services - Applied Behavioral Counseling

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Joan Harrington, the founder of EASE, Educational Advocacy Services, provides insight and helpful strategies for parents advocating for special education services for their child(ren). In this video, Joan will first go over children's rights to special education services under federal law. Then she

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This site has information on an important parent right, stay put. If your school sis trying to change your child's services but you do not agree, you can file a claim and invoke the stay put. The school has to leave your child where they are and sort the technical information with a court.

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"Stay Put" Rights in Special Education

What are "Stay Put" Rights in Special Education?

"Stay Put" rights in Special Education are something every parent whose child is receiving special education services should know about. If you disagree with changes the school wants to make to your child's Individualized Education Program (IEP), you can stop the changes from going into effect by invoking your child's "stay put" rights. Your child can then continue to receive their "then-current" program until the dispute is resolved.

"Stay Put" rights in Special Education are governed by both State and Federal Law. The Individuals with Disabilities Education Act (IDEA) is the federal law that ensures qualified children with disabilities a Free Appropriate Public Education (FAPE). The IDEA requires that schools give parents written notice before making any change to an IEP. State laws vary as to the length of advance notice, and how to invoke "Stay Put" rights.

How to Invoke your child's "Stay Put" Rights in New Jersey

New Jersey State law requires that schools give parents 15 days written notice before making any change to an IEP. Most often, written notice is given at an IEP meeting when the school presents a new IEP. Issues often arise when the school proposes to change placement, or to reduce or eliminate related services. You are deemed to have signed the IEP and agreed to the changes unless you file a petition within 15 days. Once the IEP is signed, or deemed signed, the school will implement the changes.

If you do not agree with changes to your child's IEP, you can take action. You must file a Petition for Mediation or Due Process before the change goes into effect. Usually, the change goes into effect 15 days after you are provided with the new IEP. However, if the proposed changes have not yet been implemented, there may still be time to prevent them from going into effect.

If you need help invoking your child's "Stay Put" rights, Lori E. Arons, Esq. is available to help file a Petition for Mediation or Due Process. Contact Lori today by calling 201-388-9533 or by using the Contact Us form.

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"Stay Put" Rights in Special Education | Special Education Lawyer

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"Stay Put" rights in Special Education are something every parent whose child is receiving special education services should know about. If you disagree with changes the school wants to make to your child's Individualized Education Program (IEP), you can stop the changes from going into effect by invoking your child's "stay put" rights.

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This site has different examples of rights and describes the procedures in detail. They also have a video that addresses parents rights specifically.

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Special education law is not easy to decipher, with several regulations that govern special education services for disabled students. In this article, learn about the core components of the laws, rights, and individual education plans that can help create the best public school environment for your child.

If you have a child with special needs, you are no doubt familiar with many of the services and accommodations provided to them by their school. You may also have a clear understanding of some of the laws that guarantee your child the appropriate support services in an educational setting. You are likely also familiar with the time, energy and red tape required to obtain services for your child. It is a complicated process indeed, with many legal underpinnings guiding the development and administration of programs for special needs kids.

Individuals with Disabilities Education Act

First passed in 1975 as the Education of Handicapped Children Act, the Individuals with Disabilities Education Act (IDEA), as it stands today, is the result of revisions in 1990, 1997 and 2004. Prior to 1975, children with disabilities were either placed in segregated classrooms in public schools or denied access to public education altogether.

This video explains IDEA.

Today's iteration of IDEA includes four parts, including Part B, which outlines the service requirements for children from 3-21 years of age, and Part C, which governs the administration of services to children from birth to 2 years of age. IDEA, among other things, establishes that families have a right to:

A Free and Appropriate Public Education for school-aged children.

An Individualized Education Plan for public school students.

A consultation with a school professional to determine the level of a disabled child's needs.

Access to early intervention services for infants and toddlers.

An Individualized Family Service Plan for infants and toddlers.

IDEA provides guidance with regard to the process by which a student is identified as having a disability. First, a child is identified, usually by referral from school personnel. Parents can also request that their child be evaluated if they suspect a disability is present. Once the child is evaluated, his or her eligibility for services is determined. If the determination is made that the child has a disability, an IEP meeting is scheduled and the document is written. From there, services are provided and annual progress is measured and reported.

Free and Appropriate Public Education

An essential component of IDEA is the guarantee of a Free and Appropriate Public Education (FAPE). The Rehabilitation Act of 1973 protects the rights of disabled individuals with respect to programs that receive federal funding. Section 504 of the Rehabilitation Act specifies that:

"No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance..."

Provide, at no charge, special education services to qualified students.

Provide, at no charge, support services, such as occupational therapy, mental health counseling or speech services to qualified students

Provide educational programming in a Least Restrictive Environment (LRE).

Schools must offer accommodations to disabled students such that they can participate in regular education classrooms.

Schools can place disabled students in restricted classrooms only if they cannot be educated appropriately in a regular education classroom

Develop an Individualized Education Plan (IEP), which outlines the services to be provided to the student.

There are some limitations to FAPE, however. Schools are not required to provide services superior to those that students without a disability receive. For example, where a public school district might pay for a regular education student to attend a private school in order to have better opportunities, they are not required to pay for private school for a special education student if the services provided in the public school are appropriate.

Likewise, schools cannot give preferential treatment to a child with a disability. If there are limited spaces available in a particular class, a special education student has an equal - not greater - chance of getting into that class as his or her regular education peers. Similarly, schools are not required to offer specific programs or accommodations at the request of parents. While parents can make suggestions or ask for specific adjustments to be made, the final decision on special education programming is left to the school district.

Individualized Education Plan

Another critical aspect of IDEA is the creation and administration of an Individualized Education Plan (IEP). The purpose of an IEP is to improve the processes of teaching disabled students and increase their ability to learn. The IEP is essentially an outline that describes in detail the educational program and supportive services that have been identified for each specific child. Each IEP contains the following:

Statement of Current Performance: Explains how a student is currently doing in school. Testing results, classroom performance, and input from parents, teachers and other service providers are included in the statement.

Goals: Includes realistic, measurable goals that the child can accomplish in a given year. Goals may be physical, behavioral, emotional or academic in nature. The IEP must also explain how progress will be measured, as well as how parents will be informed of progress.

Special Services: Services for which the student is eligible, such as support services like counseling, as well as classroom-based accommodations.

Participation With Nondisabled Students: Explains the extent to which a disabled child will be able to interact with nondisabled students.

Testing Requirements: Outlines the accommodations special education students are eligible to receive during standardized testing.

Dates and Places: States when special services are to begin and end, where they will be provided, and how often the child will receive services.

Transitional Services: Identifies the courses the child needs to take in order to achieve his or her goals after graduation. An explanation of services available for transitioning out of school is included as well.

Age of Majority: At least one year before the child reaches the age of majority (which is 18 in most states), the student must be informed of the rights that will transfer to him or her upon reaching the majority age.

The IEP team is composed of various parties, including special and regular education teachers, service providers such as speech therapists, school administrators, representatives from transitional services such as Vocational Rehabilitation, parents and the student. Together, the team establishes the criteria outlined above, implement the plan, and review the plan at least once a year.

This video explains the IEP.

Many parents express confusion about the difference between an IEP and a 504 Plan. Where an IEP outlines the specialized instruction and support services a student is entitled to receive, a 504 Plan merely outlines accommodations that will facilitate a student's access to and success in the learning environment. Therefore, a student on an IEP may be entitled to special education instruction, speech-language pathology services, and other support services, in addition to specific classroom accommodations such as extra time to complete assignments. A student on a 504 Plan, however, would only be eligible for the extra time to complete assignments and other classroom accommodations.

Special education laws can be extremely confusing for parents to decipher. The regulations and requirements are many, and the manner in which they are implemented may be frustrating as well. Staying informed about your child's rights with regard to IDEA is essential if they are to receive the services they need to achieve their highest potential.

Your local school district has a special education coordinator that can answer your questions regarding special education services in your area and at your child's specific school. Many districts also employ parent liaisons or advocates so parents have all the information and support they need in order to ensure their child has appropriate support services.

Questions? Contact us on Facebook. @publicschoolreview

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Parents' Guide to Special Education | PublicSchoolReview.com

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Special education law is not easy to decipher, with several regulations that govern special education services for disabled students. In this article, learn about the core components of the laws, rights, and individual education plans that can help create the best public school environment for your child.

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This site addresses the current issues with states wanting parents to revoke their child's need to a special education. This is a violation of your child's rights.

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Slot5000: Keuntungan Layanan Gaming Pasti Gacor Setiap Hari

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Slot5000 hadir sebagai salah satu platform terbaik yang menjanjikan pengalaman bermain yang menguntungkan dan pastinya gacor setiap hari.

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This site gives information on what to do to get a lawyer if your rights as a parent or your child's rights have been violated.

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I dedicate this article to a truly inspiring child advocate and professor, the late Irwin Hyman, Ed.D., who fostered my education throughout my time at Temple University. He was a man of brilliance, boundless energy, and intense devotion to the well-being of children. He had a vision of change and helped his students to become part of it.
The bureaucracy has won. The kids have lost. The game is over. Turn off the lights. Lock the doors.

It has been a brutal and grueling road to this conclusion, but I am certain of it. The kids are always going to lose. Always. Over the course of twenty-three years and more than 1,200 assessments, most ending up in an individualized education plan, mediation or hearing, I've watched, first-hand, the unapologetically incompetent special education system "at work." Not only is it incompetent, but thieving and vicious.

I've worked with kids from many school districts, states, and yes, even countries, and the story never, ever changes. Never. Of course, I'm painting every district with the same brush. Does your district have another story?

While I recognize that many people are working diligently and ethically to help these children, they do so at their own peril. A school psychologist dared to agree with my assessment and she was fired. Good for her. She went into private practice. She couldn't take it anymore, either. Such was my path.

Multiple times administrators told me what I could and could not say. Administrators! They had no credentials or training to influence my work, but for the sake of the bureaucracy, they tried to control me and the rest of us. Intimidation, threats of "write ups" and transfers, lunch duty - whatever it took to wield the bat of authority.

Bureaucracies really are living, breathing beings. And they act like it. All living things seek to stay alive and perpetuate themselves.

Once I realized how the "game was played," I walked parents to their cars after IEP meetings and gave each of them packets of the information I could not give them in front of the team. Bless them. None of them ever ratted me out. Finally, I could not reconcile the immorality and lack of ethics, so I quit. I started a private practice where I could gather as much data as I needed to make appropriate recommendations based on that data. My attitude was - and is - "Get out of my way. This kid needs help."

I thought that would be enough, but it isn't. The deck is stacked against the families.

First, school districts use taxpayer dollars to fight you.

That's right. The money you pay in taxes is used against you, while you are struggling to sell property or get a second or third job to afford an attorney. It's a war of attrition. They can and will outspend you. They can and will wear you down to protect the "mother ship" of the bureaucracy.

Consider the Solana School District in San Diego that spent $1,000,000 in a 7-year battle against parents of a 4-year-old with autism.[1] All these parents wanted was for their child to be included in a general education setting. The district was trying to avoid paying $6,100 in tuition for a private school. Go ahead. Read it again. That's where your tax dollars are going.

Understand that some punk who just robbed a 7-11 and waived a .45 in the face of a terrified clerk gets an attorney to protect his rights and yes, yet again, you foot the bill. All in the name of justice.

Who helps parents who assert their child's rights to a Free and Appropriate Education? If the family had limited resources, the best I could do was refer them to a competent advocate when there was no attorney who worked on contingency.

When the family was from another state or region, I referred them to the Council of Parent Attorneys and Advocates (COPAA). I gave them resources such as Pete Wright's website.

After all of the work we did, if I couldn't find resources they could afford, what would be the value of that work? I used a metaphor to bring home the truth. You're having chest pains. You have a history of cardiac problems. You go to the ER where the doctor tells you that you're having a heart attack and walks away. "Good luck," she says. And you stand there, perplexed. "Aren't you supposed to help me?" Silence...

It's the same question I ask myself time after time. Aren't they supposed to be helping? Oh sure, on the surface, it looks that way because there is just so much paper generated on behalf of your child and everyone looks so busy. Yet, when you challenge them because your child is not making progress, their attitude changes dramatically. It's the "How dare you question our authority" stance. And then, when you throw in an "outsider" like me, it's on.
Second, the assessments are, in my experience, useless.
It's not that the school psychologists don't want to or don't know how to do more, it's that they're allowed to do only what they are told and, unfortunately, don't have the proper tools. They are frustrated beyond belief, overworked beyond all reason, and operate from a position that is intolerable. They know what is going on with the students, but can't help. They're put in a position where they must "identify with the aggressor" (a.k.a., administration).

Stockholm syndrome might be more familiar to you than the phrase "identify with the aggressor." If you comply with those who can hurt you, you're less likely to get hurt. Remember Patty Hearst? This woman's behavior brought the concept of "identification with the aggressor" to our attention. To the public, it made sense and helped us understand the reasons that abused women didn't report or testify against their abusers. It explained the alignment with the hostage-taker.

I've reviewed several thousand assessments conducted by school district personnel from all over the United States. Here's what I've seen:
Using outdated tests and outdated scoring software. This likely means your child is being compared to kids who were in school long before your child was born. Your kids are not being compared to those with whom they'll be competing for a chair in college or a job. Global scores are reported. Those with learning disabilities frequently have highly inconsistent performances both on tests and in the classroom setting. Frustrating for everyone. One day they can do it, the next, they can't. Why? If global scores are reported, you have no idea if that score is correct because you don't have access to the scores that make up that overall score. For example, the overall score is average and that makes you a happy Momma. But, what you don't know is that one score is really, really high and the important scores are really, really low and it comes out average. What you don't know can hurt your child because you then go on to operate under inaccurate beliefs about your child's reading ability. Lies by omission. Lies by commission are outright lies and lies by omission are distortions of the truth because not all of the information was offered. A limited kind and amount of information is shared. I can usually tell when students are doing poorly because age and grade equivalences are not provided (if they are available from the test maker). Age and grade equivalences do not provide the most reliable picture of a student's performance; standard scores are more reliable. However, age and grade equivalences are more meaningful to parents. What do parents know about a score of eighty-five or even a percentile rank of fifteen? But, if they see that their ninth grader is reading at a fourth grade level, the situation heats up. There is little-to-no interpretation. When districts conduct assessments and write reports, there is little meaningful interpretation. That means that the results are rarely "connected" to the classroom performance in a way that makes sense to parents. Their reports are a sterile listing of standard scores and percentile ranks and a general, qualitative description (average, above average, below average) of the student's performance. Parents rarely understand the issues their children are experiencing in the classroom. In my practice, I write my reports for parents. They're a subtest-by-subtest analysis with a great many observations that add to the understanding of "what" their child looked like when they were working. I want them to see their child through my eyes when working through tasks. They are frequently several hundred pages long, especially since I include all previous assessments, report cards, standardized testing, IEPs, addendum - all of it. Discrepancies are not explained. How is it the case that student's achievement scores are higher than their intelligence/learning potential scores? How can you spend what you don't have? Whereas higher achievement scores can be the result of effective intervention, their classroom performance does not reflect their reading, math, or written language achievement. The school environment is not conducive to valid results. So, when the bell rings and everyone's going out to play, how can a kid, who is being tested, concentrate? If a student is worried about missing history because she's already behind or her latest crush sits next to her in that class, how can testing compete with those feelings and thoughts? It can't, plain and simple. Unlike the school setting, my environment is controllable. Because I test kids on the weekends, I can meet when they want to meet. There are no phones ringing, no herds of kids moving through the halls, no loud voices, no interruptions. There's little-to-no opportunity to establish rapport. I was a school psychologist. I knew that I had about ten minutes to establish some type of non-threatening relationship with a child before I asked them to work. This time limit was not particularly conducive to successful results. In private practice, I could spend as much time as I wanted chatting and getting to know kids, making them hot chocolate or playing games when they were anxious. They were in charge of the environment. If they needed to stand, they stood. If they needed to reach out to someone for support, they did. For complex assessments and kids who have been seriously wounded by their educational experiences, sometimes it took twenty-five sessions. Sessions lasted no more than ninety minutes because kids just couldn't maintain effective attention and motivation for longer, as the research shows. Some of my kids could manage only twenty minutes due to attentional or emotional/behavioral challenges. Districts really do base their conclusions on one test. Despite protests to the contrary, it is my professional opinion that districts base their conclusions on one test or one test plus a subtest of another measure. This is not "best practice." School districts consistently fail to identify all areas of suspected disability. They don't have the tests to measure what they suspect. Psychologists don't have the tools they need to explore suspicions developed during their assessments. Many school psychologists have training that is focused only on the types of assessments that are conducted in schools and are not educated in the wide array of disabilities that they'll encounter. When I sit in an IEP meeting and ask the psychologists about metacognitive and metamemory strategies that the student used, I get blank stares. Short/brief forms of tests are administered. Only portions of tests are administered to achieve the desired scores. The shorter the test, the less reliable it is. Test reliability means that the test will yield the same results over and over. Consider the Wechsler Intelligence Scale for Children-5th Edition. It is necessary to administer only seven of the sixteen subtests in order to achieve the Full Scale IQ. The Full Scale IQ seems to be the only information that school districts find meaningful. In my opinion, a tremendous amount of critical information is lost if the remaining nine subtests are omitted. Test publishing houses need to stop being complicit in the inadequacies of school districts by making it easier to conduct a cursory evaluation. School districts' assessments are inadequate. School districts conduct what I call "eligibility" assessments, and we private clinicians conduct "diagnostic" assessments. In an "eligibility" assessment, only enough data is gathered to determine if your child is eligible for a program. Usually, "foundational" skills are measured and there is little-to-no "functional focus." It's one thing to have solid sight word vocabulary, but that skill, in no way, is guaranteed to manifest into reading comprehension. Many of my tests are "functional" in nature. Not only do I measure sight word, word attack and word knowledge, but I measure how quickly a student can read, retain, understand, and answer comprehension questions. Why have basic skills if you can't make them functional? If you're the most talented pianist known to mankind and never play, then, what is the value of your gift? Functional skills. Skills kids can use to succeed in the classroom. That's where the action is. It's my experience that school districts across the country are nearly at a loss when it comes to evaluating autism and emotional distress. They have cursory training and experience in evaluating these aspects of the human experience. For your reference, my assessment plan for elementary students with learning disabilities is offered at the end of this article. Third, the Individualized Education Plan meeting does not generate a blueprint for learning.
Why is that? Well, the school psychologist has limited information, the team is required to write goals at grade level, and the whole plan is, in no way, individualized. It can't be because education isn't individualized.

The process is destined for failure. Everyone might be working hard with the best of intentions, but they are shoveling sand against the tide. Have you heard that definition of insanity that says you do the same thing over and over and expect a different result? That's where we are. We just look busy, that's it. We got here because we just won't open our eyes and see that we're failing and we'll keep on failing because...
It's an US versus THEM mentality. School districts put up huge walls. Unless they are forced to, they don't call on other professionals in the community for help. Why? Because they'll have to pay for the services. When I was able to convince Nancy Bell of Lindamood-Bell Learning Processes to put a clinic in our community, the next time the local newspaper came out, there was the superintendent proudly announcing, "If Dr. McCulloch thinks our school district is paying for these services, she's wrong." Well, sixteen years later, they've written plenty of checks to parents to reimburse them for Lindamood-Bell services, but they can still contend they've never paid Lindamood-Bell. Seriously? Yeah, let's just play with these kids' lives for the sake of the bureaucracy. Districts do their best to minimize the extensive results I provide. "No, no, we can't look at that!" They oftentimes completely ignore my results. What is a parent to think? One interesting dynamic is how they frequently reference "the team" as if it is a groupthink. Well, it is. But, the "team" seems to be defined as the people who work for the school and since there are usually more on their side of the table than on the parents' side of the table, I've asked parents to bring grandparents, aunts and uncles, pastors, anybody who can fill the seats. Of course, you have to give the district twenty-four-hour notice as to who is coming. It sure does shake things up! They don't ask us. I can practically guarantee that if a school district called on any of my colleagues and asked for our help, we would be right there, doing everything we can to make the situation come out right for the kid. The problem here is that our focus is the kid and not perpetuating the bureaucracy. We are ethically bound to consider the best interests of our clients at all times. We have no allegiances to bureaucracy. We're not taking into account a kid's developmental history. A long and difficult labor and delivery can lead to ADHD, autism and language processing disorders. If the kid was colicky and didn't achieve independent sleep within the expected time frame, they might end up being diagnosed with ADHD. If they were slow to achieve language milestones or had multiple ear infections, they're vulnerable to language disorders. Once a kid qualifies for language services, they need to be tracked. I'm talking about language development, not speech problems such as articulation disorders. Just because a kid has achieved their goals does not mean that language disorders are gone. They will absolutely reappear. Trust me. I've seen it over and over. Surprise! Qualify for language processing deficits in third grade, and dismissed in fourth grade? By sixth grade, you're drowning. Your language development progresses slowly, but the pace of the curriculum is running away from you. We don't understand that the more subtle aspects of learning can make or break a kid. Processing speed matters. Ever see the "I Love Lucy" episode where she and Ethel get a job at the candy factory? Their job was to wrap each piece as it moved along a conveyor belt. They're toddling along, having fun, doing their job. Along comes their supervisor, sees, that they "got it down" and speeds up the conveyor. Lucy and Ethel couldn't keep up and started stuffing candy into their hats, bras and pockets. If a kid has a sluggish cognitive tempo, there's not a lot to be done about it. Kids with slow processing speed simply cannot keep up. They can't keep up with the pace of classroom instruction, the homework assignments and tests. It's tremendous stress on them. A Ford just can't keep up with a Ferrari. These kids will always have a large "fix and finish file." Learn about the massive impact of Attention-Deficit/Hyperactivity Disorder. It's not just about paying attention. The "downstream" effects of ADHD are memory and speed of processing along with other executive functioning skills. Evaluate these areas to determine if they are hiding underneath the ADHD. Learn about the widespread consequences of being on the autistic spectrum. It's not just about social development. It's about tolerating the environment from a sensory standpoint. It's about struggling to develop higher order thinking skills. How many school psychologists know the role of mirror neurons in the daily functioning of students on the spectrum? We're not being realistic about what we can actually accomplish. Is it realistic to think that when a ninth grader is reading at a fourth grade level that a classroom support system can actually remediate that student? No, it isn't. We just can't give kids with disabilities the attention, the time, or the expertise they need to overcome their challenges. It's the budget or the kid. And, the winner is, the budget! It's that basic. We don't consider the long-term consequences of a child who does not learn. You're foolish if you think that you are insulated from the damage wreaked by a kid who never learned how to read. Let me paint a picture for you. I testified in a fair hearing of a kid who was massively dyslexic and the district failed him. It was clear cut. But, mother had moved him all over in an attempt to get him educated and she lied about her address. Game over. Kid loses. Later, I encountered one of the attorneys involved in the case. At the beginning of an IEP meeting, an attorney was boasting about his newborn daughter. The pictures were, of course, adorable. After the IEP meeting was over, he loudly, and in a nasty, provocative tone said, "Hey, no hard feelings about XXXX." I lost it. I told him, "You think you did well? You dumped another poor, black kid out onto the street with no hope of ever getting a job. In sixteen years, what's to keep him from putting a gun to your new baby girl's head and taking her car?" He came over the table after me and had to be restrained. The truth hurts, doesn't it? We're not paying enough attention to the gifted kids. We make a dangerous assumption that "they'll always do okay." They don't. Working with the prison population taught me that many a bright kid goes astray when they're not challenged. Just because they're smart, doesn't mean they'll be successful. They need to be taught how to channel their gifts into success. We need to invest in the creative and innovative kids in our schools. School districts won't admit that they don't know what to do to help a kid. This one is self-explanatory, isn't it?
What do we do now that we have this huge bureaucracy with its entrenched personnel and "unhealthy" organizational moral code? I have some ideas:

We have to start at both ends. We need to put vocational/trade training programs into place immediately for those high schoolers who are struggling academically and who see themselves with a future in a trade. We'll always need plumbers, electricians, mechanics and builders.

At the kindergarten/preschool end, having parents complete a basic developmental history that hits the "high points" of a child's beginning will help determine if they are vulnerable for disabilities. By second grade, every child should have been assessed to get baseline data.

Each school should be characterized by the following:

1. Every classroom has a maximum of twenty students with a full-time, fully credentialed teacher, and full-time aide with at least some teacher training. It's likely we won't need special education or even non-public schools if we reshape how we deliver services.

2. Teachers with specialized training should have unlimited opportunity to conduct remediation for those students who need it. After all, if they don't have the basic skills to access the curriculum, are students going to benefit from being in the classroom?

3. Community and school-based resources should be available, freely, to teachers, counselors, school psychologists, and nurses. They should not have to get permission to speak with experts.

4. Each school psychologist should have no more than two elementary schools or one middle school or one high school. May I tell you that my first year in a local school district, I had seven schools, including a middle school and a high school? The younger the kids, the more attention they need. It's about prevention versus intervention. Intervention is very expensive and not just in dollars. Give the psychologist a fighting chance to make a difference.

5. Each school psychologist should have easy access to the kinds of test instruments they want to use. They should have access to the test publishers' catalogs to learn about the kinds of tests that are available. I bought a test and was using it at a public school when I was the psychologist. I was called in and "written up" for using the test because, as the special education director told me, "If we find a problem, we have to do something about it." Well, golly gee, isn't that the POINT?

6. School psychologists should have an actual office away from the busy-ness of the rest of the school to conduct testing. It should be a comfortable atmosphere that is not cold, hard, and scary. Kids should want to go there.

I like the idea of assessment centers that are open on the weekends. Students could have a choice as to when and where they are evaluated in order to achieve valid results.

7. Experts should be brought into the schools to offer in-service about various disabilities and conditions in order to help teachers and others find the best ways to support children with special needs.

8. Twice a month, the team involved in evaluating, teaching and tracking a child's progress needs to be given unencumbered time to sit together and focus on this one child.

9. Schools should not close at three and over the weekends, extended holidays and summers. We are losing out on a valuable resource in our communities. They should be open after school for trade education, literacy and enrichment (learning another language or English), help with homework, parent education and social opportunities. See the article "What to do about Baltimore" (4-30-15) at drclaudia.net.

10. Schools need to draw on the resources around them for those institutions (if available) that offer training from the following: teacher, speech and language, occupational therapists and those seeking to work with the pediatric population in terms of mental, social and behavioral health. Also, schools should draw on the senior population to provide a wealth of helpful partners in the classroom.

Earlier, I spoke about the "thieving and vicious" nature of school districts when it comes to special education kids and their families. I believe that I have covered the "thieving" part extensively. Let me add a bit about the "vicious" part. These are my personal experiences. I observed them myself. I was involved in them.

> After I opened my practice, I had my first IEP meeting at a local school. The district failed to conduct a language evaluation even though they had a signed assessment plan. After the meeting, the school psychologist asked to speak to me. We went to his office and he told me that if I "didn't play ball with the district" that he'd see to it that I was "run out of town."

> A new special education director was hired at a school district. She called me at home to tell me that she was hired to "put me out of business." I was so excited. I responded that I hoped her district would do such a great job that, I would have no families coming to me from them.

> Families were told that I did not have a license to practice.

> Families were also told that the district would not work with them if I conducted an evaluation.

> In an act of frustration and an attempt at intimidation, I suspect, a school district attorney threw her glasses and a book at me in a meeting.

> A psychologist hired by the district to conduct an assessment told me, in front of the IEP team, which included the parents, that I was "too stupid to understand his results." Funny enough, neither did the school district's attorney. The case was settled.

> Teachers were told not to complete rating scales and feedback forms that I asked them to complete. This was a violation of the parents' right to fully participate in their child's assessment because I was their proxy for this element of the evaluation.

> Observations were "suddenly cancelled" for no reason once I arrived at the school.

> During a fair hearing, the school district's attorney swore at me while I was testifying. He also threw my report at me and exclaimed, "I know why you write such big reports. You're trying to protect yourself from a lawsuit." I quickly responded, "Well, if I wanted to do a half-baked job (not exactly the phrase I used), I'd be a school psychologist for your district!" And, the wars go on...

> Districts refused to allow me to observe.

> Shortly before I closed my practice, a guidance counselor explained to me that she shredded the rating scales that the teacher had already completed. Her explanation was that the scales were not appropriate for the teacher to complete. In actuality, the rating scales were the teachers' versions and were designed for teachers. They destroyed my professional property.

> One of mother's I represented, who was a mild-mannered and very patient woman, was threatened with a restraining order if she kept trying to schedule meetings with her child's teacher.

> Another mother who I represented, who was extremely active as a volunteer in her child's classroom, was apparently advocating "too much" and was not invited to the volunteer luncheon at the end of the school year. There were a variety of similar rebukes to her and some right in front of me.

> When I took off work for two months to study for an exam, several of my colleagues called me to see if I "was doing better." I learned some of the startling rumors that were being spread by school district personnel regarding my absence. It was no surprise since, from time-to-time, throughout my 23 years in private practice, rumors were spread about my husband and also my son. I learned about these rumors from my families and colleagues.

It was clear to me that school districts' terrorism extended to anyone who might threaten their existence.

My father would say to us kids, "Don't just stand there, do something!" He was right. Looking at the fact that we are experiencing astronomical levels of teacher burnout, we have to do a lot of things differently. At this point, we're losing 40%-50% of teachers in their first years of teaching. Kids are dropping out in record numbers and these are the statistics you don't hear about because data isn't being collected.

NOBODY is asking those who work in the field about solutions. It's all about the "upper crust," the "elite," the "insiders" and let's face it, they must not know much because look at the shape we are in.

We have a multitude of organizations that are "supposed" to be helping kids, but they, too, are bureaucracies who do not provide direct support. They seem to be in the fundraising and research business. Again, self-perpetuating and self-serving.

I say it's time we have a Parent's March. Heaven knows, we've got enough evidence to support our concerns. We will continue to have more drug use, more riots, more mass casualty shootings, more murder, more unwanted pregnancies, more prisoners and prisons, more wasted potential, more stress, more health issues and less life satisfaction if we do nothing. If we are not bold and committed, it will be "business as usual" and the bureaucracy is saved once again.

America has great music; however, with our current educational system, not everybody gets a chance to dance.

Let's get this revolution started.
Assessment Plan for Elementary Students Suspected of Learning Disabilities Intelligence
Wechsler Intelligence Scale for Children-5th Edition (WISC-5)

Leiter International Performance Scale-3rd Edition
Achievement
Woodcock-Johnson III Diagnostic Reading Battery

Gray Oral Reading Tests-5th Edition

Gray Silent Reading Tests

Tests of Reading Comprehension Test-4th Edition

Key Math-III Diagnostic Inventory

Test of Written Language-4th Edition

Woodcock-Johnson Tests of Achievement-4th Edition
Reading subtests:
Reading Recall
Mathematics subtests:
Calculation

Number Matrices
Written Language subtests:
Spelling

Writing Samples

Editing

Spelling of Sounds
Academic Knowledge:
Science

Social Studies

Humanities
Processing
Test of Memory and Learning-2nd Edition

Rey Complex Figure and Recognition Trial

Conners Rating Scales-3rd Edition/Long Form completed by

teachers, parents and student, if appropriate

Woodcock-Johnson Tests of Achievement-4th Edition/Form A
Fluency subtests:
Sentence Reading Fluency

Word Reading Fluency

Math Facts Fluency

Sentence Writing Fluency

Behavior Rating Inventory of Executive Functioning-2nd Edition completed by parents, teachers and student, if appropriate
Social-Emotional Functioning[2]
Behavior Assessment System for Children-3nd Edition completed by parents, teachers and students, if appropriate

Clinical Interview
Additional Data
"Blind" classroom observations in structured and unstructured settings

Developmental History

Review of Records

Intake Interview

Feedback with student; feedback with parents

If I suspect language processing disorders, I will also administer a Test of Listening Comprehension-2nd Edition and if autism is suspected, I administer the Test of Problem-Solving-3 rd Edition, the Vineland Adaptive Behavior Scales-2nd Edition (Parent Interview Edition), Social Responsiveness Scale-2nd as well as the Autism Diagnostic Observation Schedule-2nd Edition.

I also have individual tests that measure auditory and visual processing and a wide variety of timed tests, which help me to determine a student's ability to produce work in a reasonable time frame.

Understand that I have $35,000 worth of test materials and scoring software from which I can choose and I have the luxury of administering as many tests as I feel are necessary to pursue any clinical hypotheses. Luxury, indeed.

Reprinted from

WHITTIER JOURNAL OF CHILD AND FAMILY ADVOCACY [Vol. 16:1]

Dr. Claudia McCulloch

About Dr. Claudia:
My initial inspiration to become a psychologist who evaluated children, teens and young adults with exceptionalities came when I started teaching in a small Montessori school that accepted kids who were rejected by public schools because they had Down Syndrome, ADHD and dyslexia. It was 1975 and I had no idea what my ultimate professional goal was, but I knew it would unfold and I would know it when I saw it. I went on to earn a Master's Degree in Guidance and Counseling. Well, that was part of the goal, but that degree got me one step closer when I began working with emotionally disturbed children in a housing project in Philadelphia. In that setting, the goal was clarified. I met a woman, Sybil Masters, who conducted evaluations on my students and she came back to me with such amazing information. She was a school psychologist. I was accepted into the School Psychology doctoral program at Temple University where I first earned a Master's Degree and then, the Ph.D. I worked in schools as a school psychologist. When the politics, incompetence, downright fraud, intimidation of parents, teachers and school psychologists, was too much to bear, I knew I couldn't go on in that position, especially when I was told to lie about test results because "we have too many kids in special education". I went into private practice where my only goal was to determine exactly what was going on with kids, craft a plan to remediate the problems and then, to take the fight to the school districts (and others) to outline where they failed to evaluate all areas of suspected disability and to provide FAPE (Free and Appropriate Public Education). For 25 years, I fought all of the fights and now, I host a 3-hour weekday talk radio show answering your questions about your children's education, development and behavior as well as questions about your own lives and the people who impact you including your friends, neighbors, co-workers and boss. Find me at DrClaudia.net. The show is live streamed on Facebook every weekday from 11 to 2 Central time. Check out the Parenting Pointers which are 60-second features and the several thousand blog posts! † Claudia Rodgers McCulloch, Ph.D. Licensed Psychologist, Licensed Facebook page: https://www.facebook.com/DrClaudiaMcCulloch/ [1] Ashly McGlone, Special Ed Case Costs Approach $1M, THE SAN DIEGO UNION TRIBUNE (August 12, 2014), http://www.sandiegouniontribune.com/news/watchdog/sdut-solana-beachspecial-ed-case-legal-fees-2014aug12-htmlstory.html [2] cursorily assessed if there are no concerns. Educational Psychologist. Current host of "The Dr. Claudia Show-All Things Family" radio show. She can be reached at drclaudiamcculloch@gmail.com.

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I dedicate this article to a truly inspiring child advocate and professor, the late Irwin Hyman, Ed.D., who fostered my education throughout my time at Temple University. He was a man of brilliance, boundless energy, and intense devotion to the well-being of children.

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This blog gives different resources for parents of children that are in special education. It gives links to trainings, it gives tips to keeping it professional and a list of acronyms and what they mean.

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Some of our blog's most useful information for parents, all compiled in one page...
Read A Mother's Story, by Jane DuBovy
This post by A2Z's founder, Jane DuBovy, focuses on her journey as the mother of a child with Autism.
Special Education Training for Parents
With our extensive experience, we are able to present to parent groups or other groups in southern California on topics related to special education advocacy, parent rights, and the special education process.Examples of topics on which we could present to your group include:
* An Overview of Parent Rights under Special Education Laws
* An Overview of the IEP Process and Evaluations
* Independent Educational Evaluations
* Special Education for Students with Autism
* Special Education for Students with Fetal Alcohol Syndrome
* Special Education for Students with Learning Disabilities and ADHD

More advanced topics could also be covered for more advanced audiences. We are also willing to create specific presentations to meet your group's needs. Contact A2Z and ask for Carrie for more information!

There are also many resources available for training opportunities / more in depth information on special education, such as -

* Dept. of Education's IDEA page - http://idea.ed.gov/
* The Wrightslaw website has a wealth of information related to IDEA and special education, and is very parent-friendly. There are also books available for purchase for more in depth information about topics.
* Council of Parent Attorneys and Advocates (COPAA) - Parents can join COPAA for access to resources and information. COPAA also provides webinars on topics related to special education throughout the year and an annual in-person conference each year.
* Your Special Education Rights is a website that provides free information / resources to parents (and others) via a "continuously updated video library covering essential information in order to secure appropriate special education services for their child." - yourspecialeducationrights.com
* Wrightslaw's DVD / Multi-media version of its Special Education Law and Advocacy training program is available for purchase online. http://www.wrightslaw.com/store/cd.law.advo.html

In addition, special education advocates as well as law students and attorneys wishing to pursue special education law are often looking for training specific to disability rights and special education laws and advocacy skills, and there are many resources available to meet those training needs -
* COPAA - Advocates and attorneys can also join COPAA for access to resources, information, and valuable training opportunities.
* The COPAA SEAT program is the best-of-the-best when it comes to training for Special Education Advocates! SEAT provides students with intensive coursework and a hands-on practicum component to provide training so that advocates achieve competency in their field.
* The Advocacy Institute provides a variety of webinars (both live and through access to archived webinars) to provide training to advocates and parents on topics related to special education. http://www.advocacyinstitute.org/

Additional Resources for Parents

Disability Rights California (the Protection and Advocacy, Inc - or PAI - of California)'s Special Education Rights and Responsibilities Manual (commonly referred to as the "SERR Manual") is a comprehensive resource for parents and advocates on everything related to special education in California. Topics are covered in question and answer format, with a combination of both information and practical tips. The SERR Manual is available for download at the following link: http://www.disabilityrightsca.org/pubs/504001SERR.htm
Wrightslaw.com is a very extensive resource. The website includes articles and briefs on an significant number of topics, updates on current events and news, a newsletter, and an online "law library." In addition, you can find information about Wrightslaw's various publications and other materials, including books and DVDs. Check it all out at www.wrightslaw.com.

The US Department of Education, Office of Special Education Programs has created a website intended to be a "one-stop shop" for information and resources about IDEA 2004 and its implementing regulations. The website includes information about IDEA divided into specific topics, as well as access to the statute and the regulations. It is also a great tool for finding the IDEA "Q&A" documents released by the Department of Education in regards to the changes and language in the regulations. OSEP's IDEA 2004 Website can be found at http://idea.ed.gov/explore/home

The Council of Parent Attorneys and Advocates is a national organization with members who are parents of students with special needs, Advocates and Attorneys who represent students with disabilities, and "other" providers, etc who advocate for students. Parents can join COPAA for access to the wealth of information and resources available through this wonderful organization at www.copaa.org.

The Your Special Education Rights website is one of the best resources available for parents - for free! - online. This website provides video-based information on a wide range of topics related to special education and parents' rights. The videos are continuously updated, and Jen and Julie (the ladies in the videos) are extremely knowledgeable and entertaining at the same time!

10) Never sign anything before you have a chance to completely read the document. This goes for assessment plans, IEPs and even settlement agreements. Just because the district, an assistant principal or a teacher tells you something doesn't meant it is written in the document. Read it and then reread and then have someone else read it.

9) When in doubt write it out. Put everything in writing - it can't hurt. There are many rights under the law which are not activated until you document your request in writing or provide the district with written notice. For example, always put in writing a request for assessments, a request for documents, and a notice of your intent to remove your child from a placement. Take notes during IEP meetings (or have someone else do it for you) and during telephone conversations. I like to follow up particularly "interesting" telephone conversations with a letter that documents all the statements made by the other party that are false or outside the scope of what is allowed under the law (you may want to save this for a particularly noteworthy conversation as the person will be less likely to say anything that "interesting" ever again).

8) You don't want the "best" you want what is "appropriate." Whenever a Parent says "best" at an IEP meeting I wince as it is a perfect opportunity for a district representative to pipe in about providing that child with a basic floor of opportunity. If you keep focused on what is appropriate they won't ever be able to say that you are after the "Cadillac" (although personally I would prefer a more efficient car - but I digress).

7) Don't over rely on technicalities. The law is filled with procedural rights that are meant to protect Parents and children but if you get caught up in the technicalities you could lose focus of the big picture - what your child needs to make educational progress. Unfortunately, a hearing officer or an administrative law judge is probably not going to care that the district didn't provide you with "prior" written notice that your child was no longer going to receive speech services - especially if you can't find anyone who recommends that he still needs speech services.

6) You need to learn to share. Provide the district with copies of all reports that you have done and with information about outside services you are providing. Parents sometimes want to keep information, such as independent evaluations or the fact they are providing services a secret until a hearing. This only makes you look like you have more to hide down the line and provides the district with the perfect defense - "had we known we would have paid for it/implemented it/considered it" (or the more likely "we would have provided you with notice we weren't going to pay for it/ implement it/ consider it").

5) Keep and organize all your documents. While you can always request records from the school district it is much easier if you have kept your own set of records if you need a document immediately or if you need to provide your documents to an advocate or an attorney. Also if there is going to be a "smoking gun" (and there usually isn't) it will be that the district has a "different" version of a document at a later date and your original document will help clear up any confusion. Also don't write on the documents - they may need to be used later as evidence and clean documents are better than ones where Parents have scribbled out words or taken notes all over.

4) Kill them with kindness. This could be a hard pill to swallow especially to Parents who have had a hard time with a particular administrator in the past but just because you are having a disagreement over services does not mean that you should be rude or get angry with someone as it usually won't serve any purpose - other than bringing a meeting to a screeching halt or making Parents look vindictive if they file for due process later. I've found that you can get a lot more information out of people if you are polite rather than calling them a liar or throwing papers in their face. Also you will come across as a much more credible witness to a hearing office or administrative law judge if you don't have a history of battering district employees.

3) Be the squeaky wheel. You can't assume the district will do what's right, fair, appropriate or even legal. While you should be courteous that doesn't mean you should lay down and let them roll over you. If you want an independent evaluation- ask for it. If your student isn't making progress - request an IEP. A school is much more likely to address your concerns if you let them know what they are on a regular basis rather than waiting until your child's annual IEP to ask questions.

2) Learn the lingo. An IEP can be all about whether your student needs an SDC to address his SLD because RTI was unsuccessful based on his PLOP and if any other DIS services are needed for FAPE. If you have no idea what any of these acronyms mean you are going to quickly get lost at an IEP meeting. While you can certainly ask a district representative to explain them to you (although in my experience they hardly ever know what DIS actually stands for) you will have an easier time of it if you familiarize yourself with the acronyms and any other vocabulary related to your child's disability beforehand.

1) If you need help - ask for it. This can all be overwhelming and technical to a Parent who hasn't been through the process before and there are advocates and attorneys who can help you navigate through it. If you can't afford an attorney or advocate there are organizations that will work with parents at little to no cost and with a little research you should be able to find some in your area. Also consider joining a parent support group as there will be parents there who have been through the process and likely willing to give you some advice or even come with you to an IEP meeting.

How to Organize School Records

Organizing your child's files is a great way to ensure that you start the school year out right. With organized files, you are able to find documents quickly, access information regarding your child's needs, and track changes in your child's program. Ultimately, you become a better and more effective advocate for your child. Here's out tips for how to do it:

Records to Gather:

All of your child's IEPs, including annual IEPs, triennial / three-year reviews, and any addendums or amendments

Any assessments conducted by the school district, including protocols and notes from those assessments

Any assessment plans or written correspondence related to the district's assessments

Any assessments, evaluations or other reports that you have obtained privately / independently

Progress reports, report cards, and results from periodic classroom assessments

Statewide or districtwide assessment / testing results

Correspondence to and from your child's school, teachers, providers, etc

Discipline records or reports regarding your child's behaviors

Other relevant documentation regarding your child's unique needs and special education program

Copy of your "parent rights" that you recieve from the school district

* You have a right to review your child's records from the school district. Make a request in writing in order to review the records or obtain copies.
Supplies Needed:

Three-ring binders - you will need at least one large binder (more if your child is older / has a lot of records) for older records and one medium to large one to organize this year's documents as you receive them

Dividers with labels. Color-coded ones work well.

Inserts with pockets for loose documents

Hole-punch

Pen or marker

Colored paper

Organizing Your Records from Previous School Years:
1. If your child is older, and has many years worth of documents, start by dividing up the documents by elementary school years, middle school years, high school years.
2. Separate the documents in piles by the following categories:
a. IEPs
b. Assessments / Evaluations, Independent Reports
c. Progress Reports, Report Cards, Statewide Testing Results
d. Discipline records, behavior notes, behavior logs, etc
e. Correspondence, communications and emails
f. Other documents
* If your child has applicable medical needs, or other areas, you can add additional categories as needed
3. Within each category, put the documents into chronological order
4. Make labels for each section of your binder using the file dividers. The labels should correspond to the above categories. i.e. Make labels for "IEPs" "Evals" "Progress" "Behavior" "Correspondence" "Other"
5. Put documents into sections in chronological order, using a single colored sheet of paper between each separate document.
* Dividing records by category has the benefit of enabling you to easily find information in your child's files and track changes in IEPs, etc from year to year. Other methods could include dividing by school year; or simply putting all documents in chronological order with an index.

Tips for Setting Up a System for Current School Year:

1. Start with labels for your second binder that match the categories discussed above. Throughout the school year, you can add documents to these categories as you receive them, which will make it easy to transfer them into your archiving binder when the year is over.
2. Add an additional divider labeled "Notes." In that section, add blank paper or some format to use as a log or journal throughout the year. Make notes of any phone conversations, meetings or other discussions with teachers and staff regarding your child's educational program.
3. Insert a folder that can be used for forms and other communications that you need to sign and return.
4. Use either the front pocket of the binder or an insert to hold a contact list with teachers, providers, IEP case carriers, district administrators, your advocate, and others who are important to the development and implementation of your child's IEP.
5. Add additional dividers according to your needs.
6. If you can print out a school calendar, put a copy of it at the very beginning of this binder.

Remember that the goal here is to make this system easy for you to utilize and access, so organize in a way that works best for you!

Organizing your child's files is a great way to ensure that you start the school year out right. With organized files, you are able to find documents quickly, access information regarding your child's needs, and track changes in your child's program. Ultimately, you become a better and more effective advocate for your child. Here's out tips for how to do it:

Records to Gather:

All of your child's IEPs, including annual IEPs, triennial / three-year reviews, and any addendums or amendments

Any assessments conducted by the school district, including protocols and notes from those assessments

Any assessment plans or written correspondence related to the district's assessments

Any assessments, evaluations or other reports that you have obtained privately / independently

Progress reports, report cards, and results from periodic classroom assessments

Statewide or districtwide assessment / testing results

Correspondence to and from your child's school, teachers, providers, etc

Discipline records or reports regarding your child's behaviors

Other relevant documentation regarding your child's unique needs and special education program

Copy of your "parent rights" that you recieve from the school district

* You have a right to review your child's records from the school district. Make a request in writing in order to review the records or obtain copies.
Supplies Needed:

Three-ring binders - you will need at least one large binder (more if your child is older / has a lot of records) for older records and one medium to large one to organize this year's documents as you receive them

Dividers with labels. Color-coded ones work well.

Inserts with pockets for loose documents

Hole-punch

Pen or marker

Colored paper

Organizing Your Records from Previous School Years:
1. If your child is older, and has many years worth of documents, start by dividing up the documents by elementary school years, middle school years, high school years.
2. Separate the documents in piles by the following categories:
a. IEPs
b. Assessments / Evaluations, Independent Reports
c. Progress Reports, Report Cards, Statewide Testing Results
d. Discipline records, behavior notes, behavior logs, etc
e. Correspondence, communications and emails
f. Other documents
* If your child has applicable medical needs, or other areas, you can add additional categories as needed
3. Within each category, put the documents into chronological order
4. Make labels for each section of your binder using the file dividers. The labels should correspond to the above categories. i.e. Make labels for "IEPs" "Evals" "Progress" "Behavior" "Correspondence" "Other"
5. Put documents into sections in chronological order, using a single colored sheet of paper between each separate document.
* Dividing records by category has the benefit of enabling you to easily find information in your child's files and track changes in IEPs, etc from year to year. Other methods could include dividing by school year; or simply putting all documents in chronological order with an index.

Tips for Setting Up a System for Current School Year:

1. Start with labels for your second binder that match the categories discussed above. Throughout the school year, you can add documents to these categories as you receive them, which will make it easy to transfer them into your archiving binder when the year is over.
2. Add an additional divider labeled "Notes." In that section, add blank paper or some format to use as a log or journal throughout the year. Make notes of any phone conversations, meetings or other discussions with teachers and staff regarding your child's educational program.
3. Insert a folder that can be used for forms and other communications that you need to sign and return.
4. Use either the front pocket of the binder or an insert to hold a contact list with teachers, providers, IEP case carriers, district administrators, your advocate, and others who are important to the development and implementation of your child's IEP.
5. Add additional dividers according to your needs.
6. If you can print out a school calendar, put a copy of it at the very beginning of this binder.

Remember that the goal here is to make this system easy for you to utilize and access, so organize in a way that works best for you! - See more at: http://www.a2zeducationaladvocates.blogspot.com/search/label/back%20to%20school#sthash.lVnjDkDd.dpuf

Videos For Parents About the Special Education Process

Letter to Request Independent Educational Evaluations (IEEs) [when in disagreement with District assessments]

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Some of our blog's most useful information for parents, all compiled in one page... Read A Mother's Story, by Jane DuBovy This post by A2Z's founder, Jane DuBovy, focuses on her journey as the mother of a child with Autism.

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This blog has a list of scenarios that have occurred and in each one it describes how it can be handled and legal actions to take in the event of an occurrence.

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Parents are frequently unaware of possible conflicts of interest in special education. As we wrote in our previous blog article on conflicts of interest for school personnel, you must always try to be aware of the subtle, but real possibility that a school employee may act in the best interest of the school district first and put your child's needs second.

In a continuation of our series on special education gatekeeping (Withholding Needed Services and Response to Intervention), we have an amazing story to tell about how the state of Texas kept a quarter of a million children with disabilities from receiving an appropriate education.

W e are honored to present a guest blog by attorney Robert K. Crabtree The following is a transcript of his remarks to the Council of Parent Attorneys and Advocates (COPAA) annual special education advocacy conference. The occasion was his acceptance of the Diane Lipton Award for Outstanding Advocacy. The title of his presentation was: "Advocating over the Long Haul: Handling Stress and Staying in the Game."

In examining hundreds of IEP goals, we have noticed that too many just describe hoped-for outcomes and not measurable results. These goals tend to be vague statements of what the IEP Team would like the student to be rather than define a path toward a specific accomplishment. We call these "feel good" goals...

Previously we wrote about how RTI (Response to Intervention) was being used by some schools to delay, or even prevent, students from being evaluated for special education services (Gatekeeping 101: Response to Intervention). Now it appears that even when used as intended, RTI isn't achieving the goals that educators promised.

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Parents are frequently unaware of possible conflicts of interest in special education. As we wrote in our previous blog article on conflicts of interest for school personnel , you must always try to be aware of the subtle, but real possibility that a school employee may act in the best interest of the school district first and put your child's needs second.

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This site talks about how the rights of the student and parent are affected due to the pandemic. It presents what to do in case a school tries to refuse any services due to the situation.

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COVID-19 has thrown society into uncertainty and new challenges. Most parents are desperately monitoring the news to find out when schools might be open again. As long as schools stay closed, parents are faced with trying to do their jobs, home school their children, and find a way to ensure their children receive services they need and generally receive through schools.

Students are anxiously debating which rumors are most likely to come to fruition. Teachers in most districts are recording lectures from home, hosting online classes, and creating assignments that can be done from home. Administrators are facing questions about curriculum and school operations. One such question is how to provide students with the related services designated in their IEP while schools are closed.

Education Moves Home

If schools are providing educational programming during the closure, they are required to also provide a free appropriate public education (FAPE) to all students with IEPs, including all related services.

As cyber schools regularly demonstrate, today's technology allows teachers to create and deliver traditional classes to mainstream students. Teachers also have the ability to incorporate many accommodations, such as additional time, larger font size, and assignments being read aloud, into remote classes and assignments. Technology allows for new and unique approaches to the academic curriculum.

However, in the pursuit of a FAPE, many students require accommodations and services that teachers and schools cannot easily convert or incorporate into remote lessons. Most obviously, occupational and physical therapies often require more physical interaction than can occur using a videoconference. Additionally, it may be challenging to find providers who can or will provide these services in students' homes during the Stay-at-Home Orders currently imposed across the country.

COVID-19 Requires Novel Solutions to Service Snags

Some schools are likely to take these challenges and use them as a reason to discontinue all related services during the closures. Parents should not accept that decision; instead, all possibilities for obtaining some services for their child must be explored. Numerous programs/web sites/applications provide free videoconferencing services that can be used for speech or language therapy (and instructional support). Counseling can also be provided via videoconferences or telephone calls. Assistive technology can be provided for specific issues students face.

Depending on the student's issues, even some occupational and physical therapy and orientation and mobility services could be provided by videoconference or providers could record themselves performing exercises and send the video file to students to do at home. Parents should make sure the schools considered these options, and any others the providers can think of that might enable the student to receive some related services despite the current pandemic situation, and implement what is viable.

Schools cannot simply refuse to provide related services to students with disabilities (if they do, there will be an educational consequence to the student and a legal consequence to the school).

If a school has refused or been unable to provide related services to a student, it still has an obligation to make up for those services through an appropriate amount and type of compensatory education once schools have reopened and this period of social distancing has ended. The school is required to determine, on an individual basis, what compensatory services each student will need to make up for missing their required services during this time.

Parents will benefit from keeping track of their child's progress or regression on targeted skills and behavior to establish their need for compensatory education.

If your child's school is denying needed services or compensatory education, consider contacting a special education rights attorney in our Students' Rights Group at Timoney Knox for assistance. (April 9, 2020, Kathleen M. Vermilion, Esquire)
Return to Students' Rights Blog

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COVID-19 And Students With Disabilities: Related Services Are Changing

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COVID-19 has thrown society into uncertainty and new challenges. Most parents are desperately monitoring the news to find out when schools might be open again. As long as schools stay closed, parents are faced with trying to do their jobs, home school their children, and find a way to ensure their children receive services they need and generally receive through schools.

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This site lists the different rights you have in each aspect of your child's education. It refers to the IEP contracts, the LRE, and FAPE.

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What are your rights as a student or a parent? What recourse do you have if those rights are violated or ignored? The paragraphs to follow give a broad description of the rights guaranteed to you under the Individuals with Disabilities Education Act (IDEA) and other laws.

Laws Regarding Services

The most important elements to remember when advocating for yourself or a child are that students with disabilities must have individualized education plans (IEPs) that include offers of free and appropriate public education (FAPE), and that these students are entitled to receive their education within the least restrictive environment (LRE). These rights are guaranteed under the Individuals with Disabilities Education Act (IDEA). These offers of FAPE come in the form of goals, based upon the present levels of academic performance and functional performance; description of services needed with time and location; accommodations and modifications; and some legally required check points.

The IEP Contract

If a child has a disability, the school district must write an IEP for him or her, which includes its offer of FAPE. This offer of FAPE is a binding contract for services between the school district and the parent. This means that if a school does not provide services agreed upon within the IEP, it's in violation of the law. (More information about the IEP can be found in The IEP Process Explained.) Violation of this law does not mean that school district officials will go to jail, or be faced with extreme financial penalties. What it usually means is that the district is found to be out of compliance, perhaps pay for the student's legal services, and be required to provide compensatory services to make up for the loss of service.

Free and Appropriate Public Education

The words "free" and "appropriate" mean that every student is entitled to an education that is based upon the child's unique needs. It also means that under no circumstances should a parent be asked to pay for any or all of it. As a parent, you can certainly choose to supplement your child's education with private tutors or service providers, but the school district cannot ask you to pay for the services it outlines within its offer of FAPE.

Least Restrictive Environment

The law also requires that students with disabilities be educated in the least restrictive environment (LRE). This means that the district must show that it has attempted to provide services to the student in a classroom setting that is as close to the general education setting as possible. Unless your student has severe medical or physical impairments that require specialized staff, districts should try to include him or her in the general education classroom as much as possible. If the district would like to offer services in a more exclusive environment, such as a special education classroom, it must prove that the student cannot be successful in a less restrictive environment.

Laws Regarding Evaluation and Assessment

The laws governing evaluation for eligibility for special education services are designed to ensure that students continue to receive the services they need, that students are evaluated in a fair and equal manner (without any discriminatory bias) and that parents remain informed throughout the evaluation process.

Timelines

Before a student can begin receiving special education services, he or she must be evaluated and the answer must be yes to the following three questions:

1. Does your child have a disability?

2. Does the disability cause an educational impact to his or her education?

3. Is the child in need of special education (defined as "specially designed instruction")?

As a parent, you can request an assessment, and the district must comply by assessing your child or writing a notice of action (a legal form) denying the request. In some states you must be presented with an assessment plan within 15 days of your request, however the evaluation must be completed within 60 days (excluding holidays) in all states. If your child has a diagnosed medical need that falls under one of the special education categories specified by IDEA, you will need to provide medical records or a doctor's note to the school district before your child can begin receiving special education services. It is important to know that the medical personnel do not identify the child for IDEA services, that is still done by the group of qualified professionals on what is called the evaluation team.

Once your child has begun receiving services, the district must reassess his or her eligibility every three years. This is called a triennial review. Generally, this involves cognitive tests administered by the school psychologist and academic performance tests administered by the classroom teacher, the results of which will be shared with you during the triennial review meeting. It is also possible that the district has enough existing data to either continue or terminate service, and in that case there is no requirement to conduct additional testing. However, the decision to continue or terminate has to be data-based-not based simply on "a hunch."

Informed Consent

Before a district assesses a child for a disability or for the continuation or cessation of services, it must present an evaluation plan to the parent and receive signed consent. Until consent is obtained, a district cannot evaluate a student; to do so is a violation of the law. Once the child has been assessed and the district uses the information gained to continue, alter or discontinue the services it provides, it must once again receive consent from the parents.

Native Language

The decision in the landmark case Diana versus State Board of Education (1970) made it illegal to identify students as disabled unless they have been tested in their native language. This means that the district is required to evaluate a student in his or her native language before they can identify that student as having a disability and provide special education services. In addition, parents must be offered evaluation plans and IEPs in their native language before giving informed consent. The only exception is in the case where the home uses an alternative language, but the student is evaluated to be proficient in English.

Laws Regarding Disputes and Behavioral Challenges

Laws are in place to protect students and parents during challenging times. They provide opportunities for parents to have their concerns heard before an impartial mediator or judge, and prevent a district from removing a child from school without informed consent.

Disputes

Special Education law allows parents or districts to ask for any of three dispute resolution processes. They are not sequential and can be completed in any order. The least complex of the three is typically tried first. In that case, the district or parent calls the state's Department of Education, Exceptional Services Division, and files a formal complaint with a trained dispute resolution specialist. That case will be investigated and within 60 days a decision rendered. If that were not to work, or deemed not to work, a parent or district can ask for mediation. In this process, trained state employees or contractors work with both parties to mediate the situation to find a compromise. Both the district and the parent must agree to the mediation process before it can proceed. The final process is a due process hearing, which is very much like a trial. In this case, the parents and the district present their cases with witnesses, depositions, review of records, etc. and a single adjudicated law judge determines the outcome of the case. An adjudicated law judge is an attorney, trained in special education law who is not normally a judge. They are typically referred to as an ALJ.

With the reauthorization of IDEA 2004, all states are now required to have these three dispute-resolution processes at a minimum. However, parents should first attempt to resolve those conflicts within the school district processes. Typically that process starts with a special IEP team meeting where parent concerns are voiced and resolutions are explored. Sometimes it takes more than one meeting and more than one change to the child's IEP. If it the dispute isn't resolved by that process, then the parent may consider taking his or her case to the district special education director. If the dispute still isn't resolved, then the parent may call for dispute resolution at the state Department of Education.

Stay Put

While an IEP or offer of FAPE is in dispute, the parent can request that the student remain in his or her current educational placement. In such cases, if there is a previous IEP, its offer of FAPE and its goals, accommodations and modifications will remain in place. This is often referred to as the "Stay Put" law. The student will "stay put" until an agreement is reached and the parent provides informed consent for the new IEP, or a judge issues a ruling on a due process case.

It's worth adding that one member of the IEP team, including the parent, cannot alone hold up the implementation of an IEP if there is a strong majority of voting IEP team members who agree to it. IEP implementation is based on what the law calls "consensus," which is a strong majority of the voting members. The only time the parent signature is required to implement an IEP is for the initial placement. Subsequent signatures on IEPs merely document that a parent or other team member(s) approve or disapprove.

Behavioral Challenges

As a parent, you can invoke the "Stay Put" law if a district would like to expel your child or change his or her placement because of behavioral problems. If, however, your child has been suspended for 10 or more days, the district must convene the IEP team to conduct a manifestation determination. The team determines if the behavior for which the child is being disciplined is a manifestation of (i.e., caused by) his or her disability. If the team determines that the behavior is a manifestation of the disability then the child returns to school. However, if the team determines that the behavior is not a manifestation of the disability, the child's suspension can continue, but the district must continue to provide his or her special education services.

The reason for the manifestation meeting after a 10 day time period is that any exclusion from school for behavior that reaches 10 days is considered a change of placement; only the IEP team can authorize a change of placement. The manifestation meeting then determines if a change of placement is required. If a child's behavior involved the use of drugs (not including alcohol); a weapon, such as a gun or knife with an inch and a half blade; or caused bodily harm, the district can put the child in a 45-day alternative placement, following the manifestation determination meeting.

Often following continuing discipline, the IEP team has to revise the functional behavioral analysis and the behavior intervention plan to attempt to decrease the incidence of disciplinary action. It is best practice to do so when a student is continually disciplined for behavior issues.

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A Guide to Student and Parent Rights in Special Education

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What are your rights as a student or a parent? What recourse do you have if those rights are violated or ignored? The paragraphs to follow give a broad description of the rights guaranteed to you under the Individuals with Disabilities Education Act (IDEA) and other laws.

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This lists the main questions that parents might have about their rights. It highlights them and gives links to where you can find more information about them.

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Accurate and updated information as of October 2021
En español | In Spanish

_____________

The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards . These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

The most notable procedural safeguards include those listed below. To learn more about any of these, click on the text in red, and you'll go to a separate page describing that procedural safeguard.

_____________________________________________

_____________________________________________

These are not the only procedural safeguards under IDEA, but they are the most relevant to the majority of parents. Therefore, in this series of pages on IDEA's procedural safeguards, we will explore only eight ...the ones mentioned above. Use the links above (the text in red) to read more about each one of these safeguards.

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Accurate and updated information as of October 2021 En español | In Spanish _____________ The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards . These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

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This site has a questions and answers format. You can find out what IDEA is and what rights as a parent you have in specific situations.

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Revised October 2016

Note: The term school district is used throughout this document to describe any public education agency responsible for providing your child's special education program. The term assessment is used to mean evaluation or testing. Federal and state laws are cited throughout this notice using English abbreviations, which are explained in a glossary on the last page of this notification.
What is the Notice of Procedural Safeguards?
This information provides you as parents, legal guardians, and surrogate parents of children with disabilities from three (3) years of age through age twenty-one (21) and students who have reached age eighteen (18), the age of majority, with an overview of your educational rights or procedural safeguards.

The Notice of Procedural Safeguards is required under the Individuals with Disabilities Education Act (in English, referred to as IDEA) and must be provided to you:

When you ask for a copy

The first time your child is referred for a special education assessment

Each time you are given an assessment plan to evaluate your child

Upon receipt of the first state or due process complaint in a school year, and

When the decision is made to make a removal that constitutes a change of placement

(20 USC 1415[d]; 34 CFR 300.504; EC 56301[d] [2], EC 56321, and 56341.1[g] [1])
What is the Individuals with Disabilities Education Act (IDEA)?
IDEA is a federal law that requires school districts to provide a "free appropriate public education" (in English, referred to as FAPE) to eligible children with disabilities. A free appropriate public education means that special education and related services are to be provided as described in an individualized education program (in English, known as IEP) and under public supervision to your child at no cost to you.
May I participate in decisions about my child's education?
The parent or guardian, or the local educational agency (LEA), has the right to participate in the development of the IEP and to initiate their intent to electronically audiotape the proceedings of the IEP team meetings. At least 24 hours prior to the meeting, the parent or guardian shall notify the members of the IEP team of their intent to record a meeting. If the parent or guardian does not consent to the LEA audiotape recording an IEP meeting, the meeting shall not be recorded on an audiotape recorder.

Where can I get more help?

When you have a concern about your child's education, it is important that you contact your child's teacher or administrator to talk about your child and any problems you see. Staff in your school district or special education local plan area (SELPA) may answer questions about your child's education, your rights, and procedural safeguards. Also, when you have a concern, this informal conversation often solves the problem and helps to maintain open communication.

You may also want to contact one of the California parent organizations (Family Empowerment Centers and Parent Training Institutes), which were developed to increase collaboration between parents and educators to improve the educational system. Contact information for these organizations is found on the CDE special education California Parent Organizations Web page.

Additional resources are listed at the end of this document to help you understand the procedural safeguards.
What if my child is deaf, hard of hearing, blind, visually impaired, or deaf-blind?
The State Special Schools provide services to students who are deaf, hard of hearing, blind, visually impaired, or deaf-blind at each of its three facilities: the California Schools for the Deaf in Fremont and Riverside and at the California School for the Blind in Fremont. Residential and day school programs are offered to students from infancy to age 21 at both State Schools for the Deaf. Such programs are offered to students aged five through 21 at the California School for the Blind. The State Special Schools also offer assessment services and technical assistance. For more information about the State Special Schools, please visit the California Department of Education (CDE), State Special Schools Web page, or ask for more information from the members of your child's IEP team.

Notice, Consent, Assessment, Surrogate Parent Appointment, and Access to Records

Prior Written Notice
When is a notice needed?
The school district must inform you about proposed evaluations of your child in a written notice or an assessment plan within fifteen (15) days of your written request for evaluation. The notice must be understandable and in your native language or other mode of communication, unless it is clearly not feasible to do so. (34 CFR 300.304; EC 56321)
What will the notice tell me?
The Prior Written Notice must include the following:

1. A description of the actions proposed or refused by the school district

2. An explanation of why the action was proposed or refused

3. A description of each assessment procedure, record, or report the agency used as a basis for the action proposed or refused

4. A statement that parents of a child with a disability have protection under the procedural safeguards

5. Sources for parents to contact to obtain assistance in understanding the provisions of this part

6. A description of other options that the IEP team considered and the reasons those options were rejected; and

7. A description of any other factors relevant to the action proposed or refused. (20 USC 1415[b][3] and [4], 1415[c][1], 1414[b][1]; 34 CFR 300.503)

Parental Consent

When is my approval required for assessment?

You have the right to refer your child for special education services. You must give informed, written consent before your child's first special education assessment can proceed. The parent has at least fifteen (15) days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent and must be completed and an IEP developed within sixty (60) days of your consent.
When is my approval required for services?
You must give informed, written consent before your school district can provide your child with special education and related services.
What are the procedures when a parent does not provide consent?
If you do not provide consent for an initial assessment or fail to respond to a request to provide the consent, the school district may pursue the initial assessment by utilizing due process procedures.

If you refuse to consent to the initiation of services, the school district must not provide special education and related services and shall not seek to provide services through due process procedures.

If you consent in writing to the special education and related services for your child but do not consent to all of the components of the IEP, those components of the program to which you have consented must be implemented without delay.

If the school district determines that the proposed special education program component to which you do not consent is necessary to provide a free appropriate public education to your child, a due process hearing must be initiated. If a due process hearing is held, the hearing decision shall be final and binding.
When may I revoke consent?
If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:

1. May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 34 CFR Section 300.503 before ceasing such services

2. May not use the procedures in subpart E of Part 300 34 CFR (including the mediation procedures under 34 CFR Section 300.506 or the due process procedures under 34 CFR Sections 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child

3. Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services

4. Is not required to convene an IEP team meeting or develop an IEP under 34 CFR Sections 300.320 and 300.324 for the child for further provision of special education and related services

Please note, in accordance with 34 CFR Section 300.9 (c)(3), that if the parents revoke consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

Surrogate Parent Appointment
What if a parent cannot be identified or located?
School districts must ensure that an individual is assigned to act as a surrogate parent for the parents of a child with a disability when a parent cannot be identified and the school district cannot discover the whereabouts of a parent.

A surrogate parent may also be appointed if the child is an unaccompanied homeless youth, an adjudicated dependent or ward of the court under the state Welfare and Institution Code, and is referred to special education or already has an IEP. (20 USC 1415[b][2] ; 34 CFR 300.519; EC 56050; GC 7579.5 and 7579.6)

Nondiscriminatory Assessment
How is my child assessed for special education services?
You have the right to have your child assessed in all areas of suspected disability. Materials and procedures used for assessment and placement must not be racially, culturally, or sexually discriminatory.

Assessment materials must be provided and the test administered in your child's native language or mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer.

Independent Educational Assessments
May my child be tested independently at the district's expense?
If you disagree with the results of the assessment conducted by the school district, you have the right to ask for and obtain an independent educational assessment for your child from a person qualified to conduct the assessment at public expense.

The parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

The school district must respond to your request for an independent educational assessment and provide you information about where to obtain an independent educational assessment.

If the school district believes that the district's assessment is appropriate and disagrees that an independent assessment is necessary, the school district must request a due process hearing to prove that its assessment was appropriate. If the district prevails, you still have the right to an independent assessment but not at public expense. The IEP team must consider independent assessments.

District assessment procedures allow in-class observation of students. If the school district observes your child in his or her classroom during an assessment, or if the school district would have been allowed to observe your child, an individual conducting an independent educational assessment must also be allowed to observe your child in the classroom.

Access to Educational Records
May I examine my child's educational records?
You have a right to inspect and review all of your child's education records without unnecessary delay, including prior to a meeting about your child's IEP or before a due process hearing. The school district must provide you access to records and copies, if requested, within five (5) business days after the request has been made orally or in writing. ( EC 49060, 56043[n], 56501[b][3], and 56504)

How Disputes Are Resolved

Due Process Hearing

When is a due process hearing available?

Mediation and Alternative Dispute Resolution

May I request mediation or an alternative way to resolve the dispute?

A request for mediation may be made either before or after a request for a due process hearing is made.

You may ask the school district to resolve disputes through mediation or alternative dispute resolution (ADR), which is less adversarial than a due process hearing. The ADR and mediation are voluntary methods of resolving a dispute and may not be used to delay your right to a due process hearing.
What is a pre-hearing mediation conference?
You may seek resolution through mediation prior to filing a request for a due process hearing. The conference is an informal proceeding conducted in a nonadversarial manner to resolve issues relating to the identification, assessment, or educational placement of a child or to a FAPE.

At the prehearing mediation conference, the parent or the school district may be accompanied and advised by nonattorney representatives and may consult with an attorney prior to or following the conference. However, requesting or participating in a prehearing mediation conference is not a prerequisite to requesting a due process hearing.

All requests for a prehearing mediation conference shall be filed with the Superintendent. The party initiating a prehearing mediation conference by filing a written request with the Superintendent shall provide the other party to the mediation with a copy of the request at the same time the request is filed.

The prehearing mediation conference shall be scheduled within fifteen (15) days of receipt by the Superintendent of the request for mediation and shall be completed within thirty (30) days after receipt of the request for mediation unless both parties agree to extend the time. If a resolution is reached, the parties shall execute a legally binding written agreement that sets forth the resolution. All discussions during the mediation process shall be confidential. All prehearing mediation conferences shall be scheduled in a timely manner and held at a time and place reasonably convenient to the parties. If the issues fail to be resolved to the satisfaction of all parties, the party who requested the mediation conference has the option of filing for a due process hearing. ( EC 56500.3 and 56503)

Due Process Rights
What are my due process rights?
You have a right to:

1. Have a fair and impartial administrative hearing at the state level before a person who is knowledgeable of the laws governing special education and administrative hearings (20 USC 1415[f][1][A], 1415[f][3][A]-[D]; 34 CFR 300.511; EC 56501[b][4])

2. Be accompanied and advised by an attorney and/or individuals who have knowledge about children with disabilities (EC 56505 [e][1])

3. Present evidence, written arguments, and oral arguments (EC 56505[e][2])

4. Confront, cross-examine, and require witnesses to be present (EC 56505[e][3])

5. Receive a written or, at the option of the parent, an electronic verbatim record of the hearing, including findings of fact and decisions (EC 56505[e][4])

6. Have your child present at the hearing (EC 56501[c][1])

7. Have the hearing be open or closed to the public (EC 56501[c][2])

8. Receive a copy of all documents, including assessments completed by that date and recommendations, and a list of witnesses and their general area of testimony within five (5) business days before a hearing (EC 56505[e][7] and 56043[v])

9. Be informed by the other parties of the issues and their proposed resolution of the issues at least ten (10) calendar days prior to the hearing (EC 56505[e][6])

10. Have an interpreter provided (CCR 3082[d])

11. Request an extension of the hearing timeline (EC 56505[f][3])

12. Have a mediation conference at any point during the due process hearing (EC 56501[b][2]), and

13. Receive notice from the other party at least ten days prior to the hearing that the other party intends to be represented by an attorney (EC 56507[a]). (20 USC 1415[e]; 34 CFR 300.506, 300.508, 300.512 and 300.515)

Filing a Written Due Process Complaint
How do I request a due process hearing?
You need to file a written request for a due process hearing. You or your representative needs to submit the following information in your request:

1. Name of the child

2. Address of the residence of the child

3. Name of the school the child is attending

4. In the case of a homeless child, available contact information for the child and the name of the school the child is attending, and

5. A description of the nature of the problem, including facts relating to the problem(s) and a proposed resolution of the problem(s)

Prior to filing for a due process hearing, the school district shall be provided the opportunity to resolve the matter by convening a resolution session, which is a meeting between the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request. (20 USC 1415[f][1][B]; 34 CFR 300.510)
What does a resolution session include?
Resolution sessions shall be convened within fifteen (15) days of receiving notice of the parents' due process hearing request. The sessions shall include a representative of the school district who has decision-making authority and not include an attorney of the school district unless the parent is accompanied by an attorney. The parent of the child may discuss the due process hearing issue and the facts that form the basis of the due process hearing request.

The resolution session is not required if the parent and the school district agree in writing to waive the meeting. If the school district has not resolved the due process hearing issue within thirty (30) days, the due process hearing may occur. If a resolution is reached, the parties shall execute a legally binding agreement. (20 USC 1415[f][1][B]; 34 CFR 300.510)
Does my child's placement change during the proceedings?
May the decision be appealed?

The hearing decision is final and binding on both parties. Either party may appeal the hearing decision by filing a civil action in state or federal court within 90 days of the final decision. (20 USC 1415[i][2] and [3][A], 1415[l]; 34 CFR 300.516; EC 56505[h] and [k], EC 56043[w])
Who pays for my attorneys' fees?
Fees may be reduced if any of the following conditions prevail:

1. The court finds that you unreasonably delayed the final resolution of the controversy

2. The attorneys' hourly fees exceed the prevailing rate in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience

3. The time spent and legal services provided were excessive, or

4. Your attorney did not provide to the school district the appropriate information in the due process request notice.

Attorneys' fees will not be reduced, however, if the court finds that the State or the school district unreasonably delayed the final resolution of the action or proceeding or that there was a violation of this section of law. (20 USC 1415[i][3][B]-[G]; 34 CFR 300.517)

Attorneys' fees relating to any meeting of the IEP team may not be awarded unless an IEP team meeting is convened as a result of a due process hearing proceeding or judicial action. Attorneys' fees may also be denied if you reject a reasonable settlement offer made by the district/public agency ten (10) days before the hearing begins and the hearing decision is not more favorable than the offer of settlement. (20 USC 1415[i][3][B]-[G]; 34 CFR 300.517)
To obtain more information or to file for mediation or a due process hearing, contact:
Office of Administrative Hearings
Attention: Special Education Division
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231
916-263-0880
FAX 916-263-0890

School Discipline and Placement Procedures for Students with Disabilities

School Discipline and Alternative Interim Educational Settings

May my child be suspended or expelled?

School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct from his or her setting to:

An appropriate interim alternative education setting, another setting, or suspension for not more than ten (10) consecutive school days, and

Additional removals of not more than ten (10) consecutive school days in the same school year for separate incidents of misconduct

What occurs after a removal of more than ten (10) days?
After a child with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal the public agency must provide services to enable the child to continue to participate in the general education curriculum and progress toward meeting the goals set out in the child's IEP. Also, a child will receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not recur.

If a child exceeds ten (10) days in such a placement, an IEP team meeting must be held to determine whether the child's misconduct is caused by the disability. This IEP team meeting must take place immediately, if possible, or within ten (10) days of the school district's decision to take this type of disciplinary action.

As a parent you will be invited to participate as a member of this IEP team. The school district may be required to develop an assessment plan to address the misconduct or, if your child has a behavior intervention plan, review and modify the plan as necessary.
What happens if the IEP team determines that the misconduct is not caused by the disability?
If the IEP team concludes that the misconduct was not a manifestation of the child's disability, the school district may take disciplinary action, such as expulsion, in the same manner as it would for a child without a disability. (20 USC 1415[k][1] and [7]; 34 CFR 300.530)

If you disagree with the IEP team's decision, you may request an expedited due process hearing, which must occur within twenty (20) school days of the date on which you requested the hearing. (20 USC 1415[k][2]; 34 CFR 300.531[c])

Regardless of the setting the school district must continue to provide FAPE for your child. Alternative educational settings must allow the child to continue to participate in the general curriculum and ensure continuation of services and modifications detailed in the IEP. (34 CFR 300.530; EC 48915.5[b])

Children Attending Private School

May students who are parentally placed in private schools participate in publicly funded special education programs?

Children who are enrolled by their parents in private schools may participate in publicly funded special education programs. The school district must consult with private schools and with parents to determine the services that will be offered to private school students. Although school districts have a clear responsibility to offer FAPE to students with disabilities, those children, when placed by their parent in private schools, do not have the right to receive some
or all of the special education and related services necessary to provide FAPE. (20 USC 1415[a][10][A]; 34 CFR 300.137 and 300.138; EC 56173)
When may reimbursement be reduced or denied?
The court or hearing officer may reduce or deny reimbursement if you did not make your child available for an assessment upon notice from the school district before removing your child from public school. You may also be denied reimbursement if you did not inform the school district that you were rejecting the special education placement proposed by the school district, including stating your concerns and intent to enroll your child in a private school at public expense.

Your notice to the school district must be given either:

At the most recent IEP team meeting you attended before removing your child from the public school, or

In writing to the school district at least ten (10) business days (including holidays) before removing your child from the public school. (20 USC 1412[a][10][C]; 34 CFR 300.148; EC 56176)

When may reimbursement not be reduced or denied?
A court or hearing officer must not reduce or deny reimbursement to you if you failed to provide written notice to the school district for any of the following reasons:

The school prevented you from providing notice

You had not received a copy of this Notice of Procedural Safeguards or otherwise been informed of the requirement to notify the district

Providing notice would likely have resulted in physical harm to your child

Illiteracy and inability to write in English prevented you from providing notice, or

Providing notice would likely have resulted in serious emotional harm to your child

State Complaint Procedures
When may I file a state compliance complaint?
You may file a state compliance complaint when you believe that a school district has violated federal or state special education laws or regulations. Your written complaint must specify at least one alleged violation of federal and state special education laws. The violation must have occurred not more than one year prior to the date the complaint is received by the California Department of Education (CDE). When filing a complaint, you must forward a copy of the complaint to the school district at the same time you file a state compliance complaint with the CDE. (34 CFR 300.151-153; 5 CCR 4600)

Complaints alleging violations of federal and state special education laws or regulations may be mailed to:

California Department of Education
Special Education Division
Procedural Safeguards Referral Service
1430 N Street, Suite 2401
Sacramento, CA 95814

For complaints involving issues not covered by federal or state special education laws or regulations, consult your district's uniform complaint procedures.

To obtain more information about dispute resolution, including how to file a complaint, contact the CDE, Special Education Division, Procedural Safeguards Referral Service, by telephone at 800-926-0648; by fax at 916-327-3704; or by visiting the CDE, Special Education Web page.

Glossary of Abbreviations Used in This Notification

ADR: Alternative Dispute Resolution

CFR: Code of Federal Regulations

EC: California Education Code

FAPE: Free Appropriate Public Education

IDEA: Individuals with Disabilities Education Act

IEP: Individualized Education Program

OAH: Office of Administrative Hearings

SELPA: Special Education Local Plan Area

Last Reviewed: Tuesday, July 2, 2019

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Note: The term school district is used throughout this document to describe any public education agency responsible for providing your child's special education program. The term assessment is used to mean evaluation or testing. Federal and state laws are cited throughout this notice using English abbreviations, which are explained in a glossary on the last page of this notification.

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Parents have rights regarding the education of their child. They must be given opportunities in decision making. Even after the age of 18, a parent can have rights over the education of their child.

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Parents of children with disabilities from ages three through twenty-one have specific educational rights under the Individuals with Disabilities Education Act (IDEA). These rights are called procedural safeguards. Individuals serving as surrogate parents and students aged eighteen receiving special education services, are also entitled to these rights.

A number of staff in the child's district and special education local plan area (SELPA) may answer questions about the child's education and the parents' rights and responsibilities. When the parent has a concern, it is important that they contact their child's teachers or administrators to talk about their child and any problems they see. This conversation often solves the problem and helps maintain open communication.

Parents must be given opportunities to participate in any decision-making meeting regarding their child's special education program. Parents have the right to participate in individualized education program (IEP) meetings about the special education eligibility, assessment, educational placement of their child and other matters relating to their child's free appropriate public education (FAPE).

When a parent cannot be identified or located, a district may appoint a surrogate parent to represent a child with a disability.

What Are Parents' Rights in California Special Education?

Parents and students over age eighteen have the right

Parents have the right to refer their child for special education services, to participate in the development of the IEP and to be informed of all program options and alternatives, both public and nonpublic.

Parents have a right to receive prior written notice, in their native language, when the school district initiates or refuses their request to initiate a change in their child's identification, assessment, or educational placement in special education.

Parents must provide informed, written consent before their child is assessed or provided with any special education services. Parental consent must also be provided before any change in special education services may occur. The district must ensure that parents understand proceedings of the IEP team meeting including arranging for an interpreter for parents with deafness or those whose native language is other than English.

Parents may refuse to consent to an assessment or the placement of their child in special education.

Children must be assessed for special education through the use of methods that are not culturally biased or discriminatory.

If parents disagree with the results of the assessment conducted by the school district, they have the right to ask for and obtain an independent educational evaluation (IEE) at public expense.

The parent is entitled to only one IEE at public expense each time the public agency conducts an evaluation with which the parent disagrees.

When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either ensure that an IEE is provided at public expense, or request a due process hearing if the district believes their assessment was appropriate and disagrees that an IEE is necessary. The school district also has the right to establish the standards or criteria (including cost and location) for IEEs at public expense.

Parents have a right to inspect, review, and obtain copies of their child's educational records.

If parents disagree with the district regarding their child's special education placement or a proposed change in placement, the law requires the student to "stay put" in the current program until the dispute is resolved.

Parents have the right to present a complaint relating to the provision of a FAPE for their child; to have an attorney, an advocate, and the student, if appropriate, present at the due process hearing; and to make the hearing public. Under certain conditions, the hearing officer may award, reduce, or deny the reimbursement of attorneys' fees and fees paid to nonpublic institutions by parents in the settlement of a case. To request a due process hearing or to receive a complete notice of procedural safeguards related to a due process hearing, contact the Office of Administrative Hearings (see contact information below).

Parents are encouraged to consider settling disagreements regarding their child's special education program through voluntary mediation, a process through which parties seek mutually agreeable solutions to disputes with the help of an impartial mediator. Mediation is available for:

1. Mediation of State Complaint - the California Department of Education is required to offer mediation to the parent or the local educational agency (LEA) but both must agree, and participation is voluntary.

2. Office of Administrative Hearings (OAH) Mediation Only - Parent or LEA may file for OAH mediation only. Participation is voluntary.

Parents may seek mediation alone or separate from due process, or they may participate in mediation pending a due process hearing. Mediation cannot be used to delay parents right to a due process hearing.

If parents believe their child's school district has violated the law, they may file a complaint with the California Department of Education. The Department must investigate complaints alleging violations of noncompliance with IDEA, state special education laws, or regulations, and issue a written report of findings within 60 days of receiving the complaint.

There are specific rules regarding the suspension and expulsion of students with IEPs. Generally, a student with a disability may be suspended or placed in an alternative educational setting to the same extent that these options apply to students without disabilities.

If the student with a disability is in such a placement for more than ten days, an IEP meeting must be held to consider the appropriateness of the child's current placement and the extent to which the disability is the cause of the misconduct. Regardless of the child's placement, the district must provide FAPE

School districts are responsible for identifying, locating and assessing students with disabilities enrolled in private schools by their parents. However, school districts are not required to provide special education or related services to these students. There is no entitlement for services, though some private schools and students attending private schools may receive some services from the school district.

Additional Resources

This notice is an abbreviated summary of procedural safeguards under federal and state laws (20 United States Code Section 1412[d]; 34 Code of Federal Regulations 300.504; California Education Code sections 56301[d][2], 56321, and 56341.1[g][1]). Special Education Rights of Parents and Children, a more extensive description of these rights, is available from the California Department of Education, Special Education Division.

To obtain more information about parental rights or dispute resolution, including how to file a complaint, contact the California Department of Education, Special Education Division, Complaint Support Unit, by telephoning 800-926-0648 or writing to:

Email: speceducation@cde.ca.gov
Fax: 916-327-3704

California Department of Education
Special Education Division
Complaint Support Unit
1430 N Street, Suite 2401
Sacramento, CA 95814

To file for mediation or a due process hearing, contact:

Office of Administrative Hearings
Special Education Division
2349 Gateway Oaks, Suite 200
Sacramento, CA 95833-4231
Telephone: 916-263-0880
Fax: 916-376-4207
Secure Electronic Filing

Hearings and Mediations Accessibility and Accommodation Program Guidelines (Posted 17-Oct-2018)
This web page states a California Department of Education contractor conducting special education hearings and mediations must have and follow policies and procedures for equitable services to all participants.

Last Reviewed: Thursday, August 31, 2023

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A brief summary of Procedural Safeguards for students with disabilities receiving special education services.