Jeffrey A. Gottlieb, Special Needs Attorney - Offices Throughout Southern California
18000 Studebaker Road, Suite 700
Cerritos, CA
United States
ph: (562) 699-2412 & (949) 419-6196
fax: 562-490-8593
jeff
The following are example IEP tips that our law firm posts on a regular basis as a service to our Twitter followers. If you want to follow us on Twitter, just click above (click the header to this page, where it states: "Follow us on Twitter").
Please note that the IEP tips are of a general nature such that specific circumstances may require the services of an attorney familiar with special education law.
At an IEP meeting, stay focused on the big issues. Prioritize time. Mention small issues but move on. The big issues help your child the most. (Remember, you can always provde your consent/dissent/partial dissent after the IEP meeting, with a written attachment explaining in detail your reasons for any full dissent or partial dissents to a proposed offer) *
1st IEP: Personalize the meeting. Explain YOUR experiences with your child, explain how disabilities impact your child’s ability to learn; provide examples.
At an IEP meeting, if the District wants to make a change that you disagree with; ask what is the specific basis for the change. After the IEP meeting, obtain data/information in which to challenge the school district, if appropriate.
At an IEP mtg, generally do not address placement/services until present levels of performance are discussed, except for strategic reason to do otherwise.
At an IEP meeting, do not consent to proposed changes if you have significant doubts. You are not required to provide consent at IEP meeting (you may want legal advice). However, remember the District can file a due process complaint against you to force the issue.
If your child does not retain the benefit of his services because of summer recess consider requesting extended school year (ESY) services
In an IEP meeting, avoid having services terminating earlier than the annual review, as those earlier terminating services may not be subject to stay-put.
Regarding School District proposed due process settlement, carefully review & understand stay-put and waiver terms (especially prospective waivers).
If going through a divorce, legal custody regarding IEP and Regional Center decisions are important if parents cannot agree as to FAPE offer.
IEP GOALS: Make certain that goals are not too low. Services should be a means to meet goals. Goals too high can also be problem as to placement.
Over time, develop a constructive relationship with EACH IEP team member (outside of the IEP meeting), even those with whom you disagree.
A school district must provide all related services pertaining to the unique educational needs of an IEP child (the catch, they do not always do so)
If your child has dyslexia, ADHD, or a processing disorder, consider using a private tutoring company specializing in kids with disabilities.
When at school, a parent should keep frequent & friendly communication with teachers, therapists, and aides. Keep a diary. Use email to confirm information about your child but do so without over burdening school staff with e-mails. All of this can help make for better IEPs.
A school district must provide prior written notice when it proposes to change or refuses to change placement of IEP child, or any other provision of a FAPE.
Before filing you own due process complaint find out WHAT is you have to do and when. You can contact Administrative Office of Hearings for free online resources.
An IEP includes statement of MEASUREABLE goals. Object to minimal progress being documented as "progress." Minimal progress is not meaningful progress.
Remember, you can agree to part of an IEP, without agreeing to the whole IEP. Make certain that in writing you state what you agree to and not agree to.
For 1st time IEP, ask for a copy of your rights in advance; then you will not need to read them at the IEP meeting. This allows for a more productive meeting.
For due process hearing, consider subpoenaing person(s) who wrote clinical assessments that you submit as evidence. Even if you represent yourself at a hearing, you should seek legal guidance beforehand.
Remember, if you file for due process against a school district, many cases are settled at mediation (heard by a judge mediator). Thus, you should draft your complaint filing as a means to inform the mediator of key points of your case.
If you obtain your own psycho-educational assessment, make certain that the psychologist includes a school site visit as part of the assessment.
If you want a 1:1 aide for a high functioning child, document regression, lack of focus, need for prompting, how 1:1 improves behaviors; present facts at IEP meeting, consider due process if all does not succeed.
Before attending an IEP meeting, have a "teacher-parent" meeting to discuss your child's progress/regression. LET the teacher talk! Ask questions, gather information.
If a child's absences/"truancies" are related to a disability, make certain to document such in the IEP. Truancy can be a criminal issue (known as a SARB matter).
Remember, the purpose of an IEP is to ensure a FAPE designed to prepare a special education child for further education, employment and independent living. [20 U.S.C.1400]
A written IEP is analogous to a contract. Hold the School District accountable to the terms/conditions (placement/services) as described in the written IEP.
Before an IEP meeting, make a written list of your concerns and questions related to those concerns. ALWAYS be prepared before the IEP meeting.
If someone makes a statement during an IEP meeting that you do not understand; ask for clarity, especially from a clinical person (e.g., a school psychologist)
Use independent assessments to persuade school districts at IEP meeting; however, be aware that a school district is not required to accept independent recommendations; only to consider them (but an independent assessment can position you well for success at an IEP meeting).
If during an IEP meeting, someone says something supporting your request, ask that the person’s statement be reflected in the IEP notes.
Under SOME circumstances, a parent can be reimbursed for an Independent Educational Evaluation/Assessment (IEE), at the school district’s expense.
A School district is generally only responsible for complying with what’s written in the IEP. Make sure that what is agreed upon at an IEP meeting is reflected in the written IEP.
At IEP meeting, clearly state what placement/services you want, plus the frequency & duration of each requested item. Provide objective & subjective evidence supporting your request to the IEP team.
Before an IEP meeting review all prior IEPs, old/new assessments. Summarize data/observations/trends that support requests on behalf of your child.
IEP is a legally enforceable document. If the District is not complying, consider calling for an emergency IEP meeting. You may have to consider filing a due process complaint with the Office of Administrative Hearings or a compliance complaint with the California Department of Education.
At IEP meeting take a leadership role when requesting placement/services/goals. Use logic/facts/documents .Be passionate but in control. Prepare beforehand!
You should tape record IEP meeting. In California, you must provide a school district 24 hour written notice that you will be recording an IEP meeting, so do it early.
A school district has a legal requirement to assess a disabled child in ALL AREAS RELATED to a suspected disability.
The law favors special education children being placed in the least restrictive environment (LRE). The law considers academic/non- academic, disruption and cost factors. Do not let a school district wrongly place your child in a special day class, if not warranted.
Organize IEPs & Assessments in separate binders (date order, most current first). Place tabs next to important documents so as to convey information at IEP meetings.
If an IEP meeting date & time does not work for you, request that the District reschedule to a more convenient time.
Request in writing that the School District provide new assessments to you before an IEP meeting (perhaps 3 days beforehand). It is very difficult to absorb new information at an IEP meeting when you have not had the opportunity to review assessments beforehand.
IEP behavior issues? At IEP meeting request a behavioral assessment if there are behavior concerns (especially if a special day class is offered by the District as a FAPE solution to behavioral issues).
Make certain to request a copy of your child's complete educational file from the School District, before your next IEP meeting. This will help prepare you for future IEP meeting.
Read IEPs before consenting (you may want to take home and read); you are not required to consent as you can disagree. However, if you fail to sign, the school district can file a due process complaint against a parent; thereby forcing the issues. You may want legal counsel under this situation.
Lastly, avoid treating the school district as the enemy. Emotional animosity does not help the situtation. At all times, keep a business/professional presence. Be polite, but where necessary be forceful with logic and documentation (if available). If the school district at an IEP meeting is hostile, do not respond in kind; ask civil questions. And, make certain that you tape record the IEP meeting (written notice required beforehand). Take control by taking the "high road." Remember, you have the option of filing a legal complaint with the California Office of Adminstrative Hearings (an administrative court).
You can succeed on behalf of your child!
* Be aware, that a school district can file an OAH complaint against a parent who refuses to accept a school district's offer of placement, services,modifications/accomodations or goals. Consultation by an attorney familiar with special education law should be considered
Copyright 2009 Special Education Attorney At Law .com. All rights reserved.
Jeffrey A. Gottlieb, Special Needs Attorney - Offices Throughout Southern California
18000 Studebaker Road, Suite 700
Cerritos, CA
United States
ph: (562) 699-2412 & (949) 419-6196
fax: 562-490-8593
jeff