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Getting Started in Special Education: First Steps

August 1, 2011 in Ask the Special Ed Lawyer, Featured, Insider Insight, Latest Articles by dianaglick

This first published in May 2010. It was Diana Glick’s 2nd article for us and it’s a terrific reminder right now – before regular session school starts – to start educating ourselves about the basics. If you get a chance read all of Diana’s articles from the start. Especially helpful is the one about what your legal team will need from you; should you ever have the need for one..

On a personal note, about Diana. She contacted me from my personal blog Kidneys and Eyes after I’d posted something about my son’s IEP. It was just a little advice; something to keep him mind. I wrote her back, thanked her and promptly asked her if she’d be willing to contribute to the site and she agreed without hesitation. Why? Why would a busy attorney want to write for a site like ours? Pure desire to educate parents navigating the maze of special education.

Thank you Diana!

————–

By Diana Glick

If you have decided to seek special education services for your child, you have likely traveled a long and often difficult journey already. Your child may have a longstanding medical diagnosis, or you may have been concerned about her performance in school and tried other interventions before getting to this point.

The Individuals with Disabilities Education Act (IDEA) that I discussed in my introductory column has two major categories of services for disabled children: Part B and Part C. Part B will encompass the majority of our discussion of the legal perspective as it applies to school-age children; however, if you are the parent of a very young child with an already diagnosed disability, you should know that services are available to children aged 0-3 under Part C.

Early Intervention

Part C, also referred to as Early Intervention, is available to children with developmental and other disabilities from 0-36 months of age, and includes assessments and services. The services under Part C are provided in accordance with an Individualized Family Service Plan. Part C programs are available in all 50 states, but eligibility criteria vary significantly. If you are interested in seeking out programs for a child under three, the best place to start is at the website for the National Dissemination Center for Children with Disabilities. This website contains information about what is available under Part C and provides Early Intervention contact information for each state.

After Early Intervention

Part B of the IDEA encompasses special education services for children ages 3 through 21, which are administered by local school districts. If you suspect that your child needs special education services, the first step is to request an assessment. It is best to make this request of the school principal and to do so in writing. Each state has different timelines for assessment. For example, in California, once the school receives a request for assessment, they have 15 days to provide parents with a written assessment plan. This is not the case in Ohio, where the school has up to 30 days to respond to a request for assessment. Federal law provides that the District must obtain your written consent to proceed with testing, which is typically done with an “assessment plan.” Once you have signed and returned the assessment plan, the District has 60 calendar days to conduct the assessments and convene and IEP meeting to discuss their findings, unless state law provides a different timeline.

Getting a response

What should you do if you make a written request and get no response? As an attorney, I often hear stories of difficult communication with schools and school district personnel. The last thing you want to do is get off on a bad foot with people who are there to help your child. On the other hand, it is frustrating to be ignored. If you are not getting a response from your child’s teachers or the school principal, the next step is to contact the school district’s special education director. This person is sometimes housed in the Student Services or the Special Services department. It is also important to conduct communication in writing and to start a binder with your child’s special education documentation. A well-organized binder helps you track your child’s course through special education and safeguard important documents. If you are having difficulty getting a response from the District to requests for an assessment, I recommend keeping a copy of all of your communications and having a school secretary or administrative assistant initial and date your copy to confirm the date of receipt.

In my next column, I will discuss the various eligibility categories and what parents can do when there is a disagreement about eligibility among the members of the IEP team. In future columns, I will also discuss alternatives to an IEP, such as 504 plans.

We are also interested in hearing from you! Feel free to suggest topics for further discussion; just keep in mind that I cannot provide legal advice for your specific situation.

Disclaimer:
This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.
By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.

What’s happening around the community

March 4, 2011 in Around the Site, Featured by Admin Dawn

Remember tomorrow is our first ever In Real Life event but it won’t be our last! Our goal is to give you opportunities to build your support network on AND off-site. We are working on more events for laster this year so stay tuned!

March & April Book Club Book

We’re very proud to announce that we’ve chosen site member Suzanne Kamata‘s anthology Love You to Pieces: Creative Writers on Raising a Child with Special Needs.

The first collection of literary writing on raising a child with special needs, Love You to Pieces features caregivers’ perspectives at every stage in the lives of children with mental or physical difficulties, from premature birth to middle age. In this rich blend of short stories, essays, and poems, families cope with autism, deafness, muscular dystrophy, Down syndrome, other forms of retardation, and more, laying bare the moments of rage, disappointment, and guilt that can color their relationships. Parent-child communication can be a challenge at the best of times,b ut here we see the epic struggles and triumphs of those who speak their own language – or don’t speak at all – and those who love them dearly. Together, the authors paint a beautiful, wrenchingly honest portrait of what it means to care for a child who does not experience the world as we do.

We hope you will join us!

Welcome to our New Members

Aubrey L.: “I have a support group for others affected by premature birth (I was born three months premature) called www.precious-miracles.org as well as special needs (I work as a Care Aide within a school district). I want my website to be a place of support, encouraging words, a listening ear, a shoulder to lean on. Please visit my site to find out all the interesting offerings it has!”

Danielle: “I work in special education and am the proud mother of a child with special needs!”

Heather: “My daughter is 5 1/2 years old, and was diagnosed with CP around 10 months. It has been a long road and just intersted in meeting others with simillar life stories.”

Beth: “I am the very happy mom and 2 boys! Matthew is two and perfectly happy, healthy! Grant is going to be 1 in March and he is perfectly happy and for the most part healthy besides his CP he has! He is doing great and accomplishing so much! These boys bring so much joy to my life!”

Pat Boyle England: “Advocating for kids” and who blogs at septanorthbellmore.blogspot.com

Chaney who blogs at Here’s My Voice

Ann Rounseville: “I am currently a stay at home mom of an adorable 3.5 year old little boy who is diagnosed with PDD-NOS, Global Developmental Delay and Hypotonia. He is non-verbal but has the best belly laugh in the world! I am also expecting a baby in May. Life with our little guy has not been easy and I find meeting other parents of kids with special needs to be so very helpful and important!”

Jaymi Griesmeyer: “I am the mother of three amazing children. My oldest is 7, he is gifted and has generalized anxiety disorder. My second son is 6 and was born with a congenital heart defect and had open heart surgery when he was 5 days old. My youngest is a 3 year old girl who has epilepsy and developmental delays.”

Ginger Adams

Tisha Libbey: “i have a 5 yr old daughter with CP. she is legally blind, has a VP shunt and a G tube for all meals”

Kristy Allen: “Mom of son with developmental delay.”

Jenny: “I have mild Autism. I may even be Aspergers but I dunno. I have a little brother with sever Autism. I’m also a Christian. I’m a greatful believer and follower of Jesus Christ.” Jenny blogs at The World of Mismatched Socks

Deanne Webber: “I am the mom of 2 incredible children”

Have you added your blog yet?

There are lots of ways to help us discover your blog or website:

• You can add your blog feed to our site. Every time you update, we will pull in an excerpt and post it to our Blogging Our Lives Group. It will also show up in our activity feed that updates here and on our front page.

• You can add your blog address to your signature file on your profile.

• Next time you write a great blog post let us all know about it by sharing it as Community News. It will update to the Community News page and go out on our Twitter stream.

 

Adjustments in Special Needs

February 23, 2011 in Featured, From Julia by Julia Roberts

We’ve recently been trying to figure out what we’ll do with our son for 6th grade. Well, that’s not exactly true, we’ve been thinking about it for about a year. Sixth grade is still month away but with private schools needing to know by April 1ish we needed to start looking in January.

We have a good option for our public school. It’s large though. The director of special ed is a lovely woman who came to our elementary school to meet with us and discuss our son’s IEP/needs. She didn’t see any reason why they couldn’t serve him there. We also visited a private school (to the tune of $22,500/year) that is for students with learning differences. My son had a lot of anxiety over our discussions and it manifested itself in self hatred talk and thoughts of harming himself. It was with 100% certainty that I knew the root of the anxiety.

Anxiety is a tricky thing in our world. With delays, mental health issues and the fine balance of keeping things from exploding at any given time I thought it’d be good for get him over to the middle school to see what it was like. He was  resistant to going to a private school away from kids he’d know but after visiting the large school he’s open to another school choice. When we left the building he said, “No, it’s too confusing.” When I told him one of the schools we are looking at has just 8 kids in the 6th grade he smiled and said, “Yeah, I’d like a small class like that.”

He obviously needed to see it to adjust his thinking he had to go to the school where most of his friends will go. I still think he could but I’m not sure he’d flourish. He’d survive it but not without unique challenges of being different in a school of 400+ 6th graders. We’re still searching and I’m sure we’ll come up with something because we just will.

We’re a resourceful bunch, special needs parents are, aren’t we?

We have a world of adjustments we make from the second we hear of an issue/diagnosis to selecting where we’ll live to making decisions of what to push for and let go of with educators, friends and family. We’re constantly making adjustments. I know when you have kids you know you’ll have adjustments. Add in the special needs factor and it just makes things more complicated.

I am not sure when I realized my life would be about making adjustments about everything…including a style of parenting that isn’t necessarily 2nd nature, maybe a year into learning about the kids recessive polycystic kidney disease. When things are stable and moving along I forget the amount of adjustments we have to make nearly everyday. Adjustments have become so much a part of what I do, it hits me when we have a big adjustment.

Like middle school. Middle School + Special Needs = ADJUSTMENT. In a big way. I’m not ready for it but with special needs we don’t really have time to get ready, do we?

What’s your latest adjustment relating to special needs?

The puzzle of learning disabilities

December 10, 2010 in Insider Insight by Admin Dawn

by Jill Lauren

To be learning disabled – meaning that a person is of average to above average intelligence with a processing deficit that makes learning challenging – is tremendously puzzling. How can one be smart, yet have trouble learning in school? This conundrum has perplexed many, including myself when I began to study various aspects of learning. In fact, I sat in a class about learning disabilities at Northwestern University for almost an entire semester without truly understanding the syndrome until a classmate explained it to me. I remember that moment clearly because I found the paradoxical nature of learning disabilities fascinating and decided to pursue a career as a special education teacher.

Kids want answers, too

When I started teaching, it was no surprise to me when my learning disabled students explained that they were completely confused by why they needed extra academic support; after all, their parents and teachers were often telling them how smart they were. Soon I realized that not only did I need to teach specific skills, but I also needed to educate my students as to what a learning disability actually was. Typically, I found that my students started questioning their academic capabilities around third grade. Prior to that time, coming to the resource room and getting stickers was reason enough to be there! By third grade, kids are more aware of who they are, in relation to their peers, and want answers.

One afternoon, I took a student named Margaret out for ice cream because though she was typically a happy child, she was becoming increasingly concerned and saddened about her academic challenges. When I asked her, “Why do you think school is hard?” she responded, “Because my parents said I have a learning disability.” I was completely surprised that she knew this term. Then I asked, “What’s a learning disability?” Her answer, “I don’t know, my parents didn’t tell me that,” helped me to fully recognize my responsibility to find a way to make the mystery of LD understandable to a third grader. I reached for the one aspect I felt could make the concept real: role models. Back in the 1980s, Tom Cruise, Cher and Bruce Jenner topped the list of success stories of people with learning disabilities. As I explained what I knew of each person, Margaret’s eyes lit up. There were other people out there like her – and they were not only successful, but also famous. My explanation completely legitimized her experience and gave her a sense of hope. She also felt proud to be just like Tom, Cher and Bruce such that she suggested to me, “There should be a book for kids like me about people with learning disabilities.” I promised Margaret I’d find that book. When I couldn’t find it, I decided to write it.

Sharing our stories is a gift to our kids

My first book, Succeeding with LD, was written in 1997, and it was dedicated to Margaret. It contained twenty-two profiles of regular folks, children and adults, with learning disabilities. I was uncomfortable profiling famous people, as I was concerned that most kids would not believe that they could really be like them. Years later, Rick Lavoie confirmed that suspicion when he shared an anecdote about a teenager who told him, “I have pimples and a big nose. What do I have in common with Tom Cruise?” Of course, when public figures share their learning challenges, it is a gift to kids. For the purposes of a book, however, I wanted students to be able to hold a book in their hands that contained at least one person with whom they could truly relate. Succeeding with LD was recently reprinted in a third edition that contains updated profiles of twenty-one of the original stories.

Last year, my publisher asked me to write a new book for younger children with learning disabilities that also profiled success stories. That’s Like Me! contains fifteen new profiles and includes a foreword by Caldecott winner Jerry Pinkney, who is also dyslexic. It is a full-colored picture book and was honored by the New York Branch of the International Dyslexia Association with the Margot Marek Award for the “most outstanding book written for adults or children with dyslexia or related learning disabilities.” I shared this award with the thirty-seven people who so courageously told their stories in both of my books in order to comfort and inspire others. I am completely honored and humbled to have been given the opportunity to bring such honest and heart-warming stories to people with learning disabilities. Many of the people in the books have become dear friends. They join me on panels to discuss various ways that people with LD can pursue their own dreams, like they did.

And where is Margaret these days? After being told by an advisor that she should not go to college, but should instead pursue a career in retail, she obtained a Masters in Social Work from Columbia University after years of grueling study. Margaret also joins me on panels, as she is now a role model herself. We often reflect on the conversation we had when Margaret was in third grade, the impact of which led to the creation of two books and have comforted so many people with learning disabilities.

Jill Lauren has a B.S. and M.A. in Learning Disabilities from Northwestern University. She has been teaching LD students of all ages for over twenty-five years. Known as an expert in the area of reading and writing, Jill has trained teachers around the country to utilize a variety of structured, multi-sensory approaches to the instruction of reading and written language. Jill has also worked with various schools to implement successful reading programs.

This week around the community

October 15, 2010 in Around the Site by Admin Dawn

Welcome to Our Newest Members

We are so thrilled to have a lot of members that have recently joined. One of the special things about the site is that people are starting to make connections with each other. It’s what we envisioned when we started the site. Please stop by our newest members’ profiles and say howdy!

Patrick Blair, “Father of Maggi Blair – Trisomy 9 Mosaic Syndrome. Maggi is one of only 8 kids in the world with Trisomy 9 Mosaic.” He also joined The Man Cave, which made group owner Julian very happy.

Gayle, “Hi I’m Gayle a mother of two wonderful kids (Jon-Jon and Courtney). Jon-Jon turned 3 today and started Special Ed Preschool due to his speech delays. He’s very verbal but most isn’t understandable. Courtney is 20 months old and is only saying 5 words tops. She will start the birth-3 program soon. I’m very happy to find this group, it’s good to know that you are not alone.”

Shelley Freedman

Joseph Harris, “I have two kids, a neurotypical, precocious 5 year old girl, and a determined, pre-verbal, almost 4 year old with autism.”

Michelle Howard, “Michelle Howard is a wife, mom and business owner. She has a special needs little boy named CJ who has inspired her to start a blog, Stress Relief for Caregivers. Stress Relief for Caregivers is an extension of Michelle’s passion to reach as many people as possible to bring awareness to the fact that natural and alternative treatments for pain relief and stress are available.”

Mara Kaplan, “I am an educator, a parent of a child with profound disabilities and a seasoned advocate for inclusive play. I work with playground manufacturers to help them improve their equipment and design. I edit a website called http://www.accessibleplayground.net, where you can find accessible playgrounds near you as well as information about how to advocate for an accessible playground in your community. I also help parents find toys for their child–toys, not therapy equipment. High quality toys that you can purchase at typical toy stores, that last a long time, and can be played with by all the children in the family. You can visit my blog to read more about toys at http://letkidsplay.blogspot.com.”

Michelle Kay, “I am the mother of a almost 14 year old special needs child. He has a rare chromosomal abnormality and probably autism too.”

Debbie M, “I am a mother to two wonderful boys! My oldest has Down syndome and my youngest has ADHD/ODD.”

Shelley Mannell, “I am a registered Physical Therapist with over 20 years of experience in pediatrics who currently owns HeartSpace, a private practice in St. Catharines, Ontario where I offers a variety of services for children with motor dysfunction. I am certified in NDT (C/NDT) and has advanced clinical skills in Myofascial Release, Craniosacral Therapy and Sensory Processing Intervention. I was a clinical faculty member in the Faculty of Rehabilitation Science at McMaster University, teaching in the School of Physiotherapy for 10 years. I am a certified children’s yoga teacher and meditation facilitator as well as the creator of HeartSpace Yoga and Meditation for children with motor and sensory challenges. Recently I co-created Core Restoration for Kids, a new approach to treating core stability in children with motor challenges. I have always had a strong committment to continuing education. I teach workshops for parents, residential facilities, and early childhood development centres as well as continuing clinical education courses for therapists internationally. I enjoy the challenge of combining the science of movement, the theoretical basis of treatment and the art of clinical skills in a problem-solving approach to treatment, blending approaches to facilitate optimum functional skills for each child.” (Note: Shelley is writing for us! Check out her first article here!)

Diana, “I’m a mom to 3 great kids. Our daughter is a long awaited biological miracle baby. Our boys were adopted from Ukraine in July, 2007. Our lives will never again be the same. Just a few of the things we adopted along with our boys include RAD, PTSD, ADHD, FASD, CP, OCD and a whole bunch of other “alphabet soup” kinds of stuff.”

Heather Sebastian

Cheryl W., “I am a mother of 4 (one who has gone home to be with the Lord). Christ is first and foremost in my life and my family is such a gift. I love movies (especially animation), reading and animals. We have a micro chicken farm where we enjoy organic, cage free eggs and also watching chicken antics are fun.”

Member News On and Off-line

Julie is collecting Clutter-free Teacher Gifts in the Organizing … Specialized group. Got any ideas? Please share them!

New member Michelle wrote a great blog post, Handling Ignorant Stares, and shared it on our Community News page. Lots of people retweeted it when it went out on the SupportSN twitter account! (Did you know our Community News posts automatically get tweeted? Yup, they do!)

Sylvia‘s son was in the hospital this week with a fever but thankfully he is back at home!!

Jolene was chosen to speak at the CMX (Children’s Ministry Expo) Conference in Lexington! Congratulations Jolene!

Janet is looking for ways to keep all the service providers working with her family up to date on what’s happening. Do you have anything to share? Let her know!

Andy is very proud to announce that after four reading sessions with a tutor her son Liam has moved up a reading level! Way to go Liam!!

Jo-Ann had a really tough night recently. Please go give her some love!

Mindy was surprised to see her son’s rare disorder on ABC News the other night. Click here to see the segment.

Didder Broder’s Daddy has been pretty busy on the site. Check out his recent blog post. Breaking Through the Barriers of Infallibility at his blog! (He’s also figured out how to add images to forum posts so he’s way ahead of me!)

Siobhan came by my house recently with a bag of outgrown clothes from her daughter to mine. You gotta love those in-person connections, eh? (If you’re touching base with site members in-person we’d love to hear about it!)

We’re planning some great things for the community and we are so glad you are along for the ride. We hope you will make the connections so you can support and be supported.

What Your Future Attorney Will Want to See

September 9, 2010 in Ask the Special Ed Lawyer, Insider Insight by dianaglick

Mom and SonThis is a rather cynical title. But, in case you ever need to seek the advice of an attorney or bring litigation against the school district over your child’s special education program, there are certain documents that you will want to be able to locate and present to an attorney. On a less cynical note, it’s always good to have an organized binder with your child’s important documentation. There are professional organizers who comment on this blog about organizing your life when you have a child with special needs and nothing in this column should be construed as going against their advice. This is more of an attempt to piggy-back on the concept of organization from a legal perspective.

Some of my clients have saved every scrap of paper related to their child, but somewhere along the way became completely overwhelmed with trying to keep it all sorted. I can sympathize with this—you start by throwing a few IEPs in a folder, they multiply when you’re not looking, and suddenly you have paper coming out your ears and no sense of how to organize it.

What to Save

My recommendation is to save the following for the duration of your child’s K-12 education:

* Official report cards and progress reports (computer printouts from online grade programs can also be helpful if you regularly consult these services for updates on your child)
* Assessment Plans
* IEPs
* Assessments
* Written communication with the school or school district (including emails)

Other items of that may or may not be important, depending on the case:

* Notices of Meeting—only if the District is continually canceling meetings on you, or has a habit of convening meetings with very little notice. If you have regular, timely meetings, a notice of meeting itself is not going to be important.
* Procedural Safeguards—Districts are required by law to provide you a copy of these and some people have enough for several bird cages. I do advise parents to read these and ask questions about anything that is unclear. However, as long as you have a recent copy from the District, there is no need to continue accumulating them. Sometimes, you can even save a tree and decline them at the IEP meeting. Just remember that you will be held to knowing and understanding your rights whether you accept or decline a copy.
* Mental Health records—including progress notes from treatment, any Discharge Summaries if your child has experienced a psychiatric hospitalization, and statements, receipts and cancelled checks for your out-of-pocket expenses.
* Record of any outside services—if you seek out private tutoring or educational services for your child, keep a record of the services received, including any pre-tests or progress summaries, as well as statements, receipts and cancelled checks.

How to Save It

A simple three-ring binder with tabs separating out the school years is great way to keep your documents organized. Within the section for each school year, you can group the documents as I’ve outlined above (assessments, IEPs, report cards, etc.). Another alternative is to have a separate binder for each group of documents and then organize them according to date within each binder. Either one of these solutions will work well over the long term and will allow you easy access to documents as you need them.

What to Bring to an Intake Meeting

Special education lawsuits have a two-year statute of limitations, unless your state law specifies a different time period. State statutes of limitations prevail over the federal two-year statute and there are states with longer and shorter timeframes. California’s statute of limitations is two years, so in most cases, our office wants to see all the documentation described above from the last three school years—documents from the period covered by the statute of limitations, plus one year before that. This allows us to see what services were in place when the statute of limitations began and will usually allow us to see a triennial assessment and review.

If your attorney suspects that you have a case for pleading additional school years outside of the statute of limitations, he or she can ask for additional documentation from you and from the school district.

Disclaimer:

This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.

By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.

Aspie Advocate: Helping parents and kids win the IEP game

August 27, 2010 in Insider Insight, Resources by Julia Roberts

Meet Carol Greenburg, Executive Director of Brooklyn Special Needs Consulting, and recently appointed East Coast Regional Director of Autism Women’s Network. I had the pleasure of meeting Carol at BlogHer (well, formally meeting her at a book reading for My Baby Rides the Short Bus, where I had this picture taken) and from the moment I saw her speak at the Autism session at BlogHer I liked her. She has a wicked sense of humor and her delivery and pause at just the right moment is a gift. She wicked smart, too. We’re proud and grateful she allowed us to interview her for Support for Special Needs.

Julia

Can you tell us a little about yourself and your family?

We have three humans and two cats in our house. (Which species outranks which should be obvious to those in a similar position.) My husband, John, is a marketing and publicity genius, owner of Soho Digital Art Gallery, the only gallery in NY dedicated to the display of digital art. He’s also an all-around great guy without whom I can’t imagine doing any of the work I do. I’m a professional juggler, uh, I mean mother, and constant irritating barrier between my eight-year-old and his ever more creative mischief-making. The hardest part of my job, other than housework, is keeping a straight face in the aftermath of his antics. Like my son I’m on the autism spectrum, which legally qualifies us as people with disabilities, but I prefer to think of us as a traveling consciousness-raising team using our autistic superpowers to defeat ignorance and serve justice. Makes trips to the supermarket more interesting. My little boy struggles with a a severe speech delay, and other autism-related difficulties, which he gracefully balances with song, dance, sports and most importantly laughter.

Can you talk a little bit about what you do? An anecdote to illustrate would be great.

As Executive Director of Brooklyn Special Needs Consulting, an advocacy and consulting company that serves Brooklyn and beyond. I walk families through the IEP process, helping them prepare for meetings and attending meetings with them. I consult with institutions about effective programs for special needs students and offer workshops to parents and professionals. As an advocate specifically, I try to help alleviate parent confusion, empower them as full members of IEP teams, and help school personnel to do the jobs they were hired to, but don’t always have the budget or staff-power do. Calm and imagination are an important part of my job, as many discussions about who gets what services can quickly escalate into fights. Fights rarely serve anyone. (Plus they make my ears hurt. Believe me auditory sensory issues can really ruin an otherwise perfectly good day.)

The best way to tone it all down is to acknowledge the wisdom, even if it’s only the most microscopic shred of wisdom, of the people who disagree with you. So when a bunch of teachers tried to force one of my clients, a fourteen-year-old interested in writing, to take what amounted to a study hall rather than the advanced English class he wanted, I picked one word out of the conversation that came up frequently. Self-advocacy. The teachers and administration kept saying this word reverentially and bundling it up in a way I still don’t understand with this kid sitting in a resource room with very little of the structure he needed and could get out of the English class he himself requested. “I couldn’t agree more about the importance of self-advocacy” I began, because that’s what I believe. “The folks from the school seemed pleased as punch. “And at the heart of self-advocacy is a student’s right to choose his own electives,” I continued because I believe that too. Now, my autism interferes with my ability to read facial expressions and body language, but even I know what drooping shoulders and frowns mean. In the end it worked out for everybody, though. I hear my client is thriving in his class, and the teachers are genuinely happy for him.

What was the inspiration for starting this business?

One of my closest friends was diagnosed with cancer a week or so after finding out her son was on the autism spectrum. Since my son got his diagnosis a year earlier and I had a little experience with the special education system We figured that if she could stand aggressive cancer treatment, I could handle a little aggressive advocacy on behalf her child. About three months into the process, I found myself getting him services that no one else had been able to get. That’s when, with my husband’s encouragement, I decided to attend some workshops and eventually turn pro.

Why do you think families have trouble doing this on their own?

A lot of parents are not fully aware of their rights, so they don’t have the proper information upon which to act. But even the best informed parents often need someone else to step in and offer some objectivity. I occasionally lobby for a service or two for my son, and of course I participate in his IEP meetings. But because he has a unilateral placement in a private school, we need to sue every year to get reimbursement for his tuition. We’re lucky to have a terrific lawyer. Now I don’t have a law degree myself, but even if I did, I wouldn’t represent my own family. Just as lawyers shouldn’t represent themselves at trial, I feel that advocates shouldn’t represent their own families at Due Process, unless there are no other options. And while it’s true that, when everyone is behaving cordially, parents really are the best advocates for their own children because no one knows those children better. When conflicts arise sometimes they need someone who isn’t as close to the situation to help them strategize and steer clear of unnecessary escalation. Due process is expensive, time and energy consuming, and inherently adversarial. Sometimes, unfortunately, it’s unavoidable and when it is I’m always happy to recommend lawyers I trust to represent families. But my preference is to try and keep everything in the conference room so that everybody stays out of the hearing room. That works out better for families and taxpayers and yes even for lawyers. No decent special ed lawyer wants to lose a case and set a precedent that might hurt children in the future.

What one piece of advice would you give any parent who has concerns about their child’s IEP?

It depends what the specific concern is. If the IEP lacks clear goals, you’ll need one strategy, but if the IEP is picture perfect, but not being enforced then you’ll need another. Overall, if you feel like your input isn’t heard or valued, you’re probably correct. A very casual disrespect of parent’s expertise in their own children is extremely common. It’s also legally and morally wrong. I recommend all parents set the tone write parent attachments that paints a paragraph-long picture of your child (motivators, special interests, observations of behaviors at home) and provides a list of his or her most urgent needs, ask to read them right after everyone introduces themselves at the IEP meeting.

If you’d like feel free to give us a link to a blog post you think would be helpful for people starting or in the IEP system and finding it challenging. And please provide us a link to the business site (didn’t know if you want someone to come onto the site in a particular area)

I don’t want to overwhelm anyone with information so I’m just going to give you two URLs that I heartily recommend . I worship at the altar of wrightslaw.com. They have a website with a search engine, and a terrific blog. I’m also a member of Council of Parents Attorneys and Advocates, which does require a modest fee to join, but I think it’s well worth the price. If you don’t find what you’re looking for there, you can always contact me at my website www.bklynsnc.com or just come visit to find out more about my work.

To Sign the IEP or Not to Sign — this is the question!

August 20, 2010 in Ask the Special Ed Lawyer, Insider Insight by dianaglick

Whew! You made it through the IEP meeting and are still standing. Now that the meeting is over, you are being asked to sign the IEP so the District may implement the proposed services, accommodations and goals. Should you sign or not? And, why does it matter?

Your Rights

The District must obtain your consent before providing the services indicated in the IEP. However, parents are under no obligation to sign the IEP, particularly if they disagree with its terms. Parents may sign, refuse to sign or authorize certain services without agreeing that the IEP provides your child a free appropriate public education.

The Ideal Scenario

Student raising her handIn the ideal IEP meeting, each of the following occurs:

* The designation makes sense and is back up by appropriate assessments
* Each of the professionals has given a report and there are offers of services that address all of your child’s areas of need
* There are measurable, understandable goals for each of your child’s areas of need
* If necessary, there are modifications and accommodations to the curriculum (homework, class work, testing) that will allow your child access
* The District has presented you with a written document reflecting all of these items, plus a narrative that contains the main points of discussion during the meeting.

When this kind of a meeting has occurred and you feel good about the outcome, by all means, give your consent. It is when one or more of these items is missing or has gone awry that you should consider not signing and instead developing a strategy to address the unresolved issues with the IEP team.

Your Options

Option 1: Sign the IEP. See you next year for the annual review!

Option 2: Authorize the implementation of goals and services, but do not agree that the IEP provides a free appropriate public education.

This is a very helpful middle option that can serve to move the process forward and extend protections to parents and student without compromising any potential legal claims in the future. It also serves to keep the conversation alive if there are items pending resolution. This response can be made with a simple sentence written on the signature page, or can be written up in a “Parents’ Addendum to the IEP,” which lays out your concerns in greater detail while still providing authorization to implement what the District has proposed.

Option 3: Do not sign at all.

Some parents opt to take the IEP home and review it carefully before signing it. This is a great idea if you would like some time to digest the information presented at the meeting and make sure you understand everything before signing. If you are satisfied with the document, make sure to sign and get it back to the District as soon as possible.

In other situations, parents fully disagree with some aspect of the IEP and do not want to provide their consent or authorization. If you find yourself in this situation, you will want to consider your next steps. Would you like to have another meeting to discuss specific aspects of your child’s program? Would you like to see revisions to the goals, more goals or perhaps fewer goals? Are there assessments necessary to determine what your child needs? Let the District know, preferably in writing, what you would like to see happen next and emphasize the importance of collaboration in getting an appropriate document with a plan to address your child’s needs.

Some Pitfalls of Not Signing

While not signing your child’s IEP is a right you have and one that can be exercised in the face of an inappropriate plan, there are some potential pitfalls you’ll want to be aware of as you are making your decision.

First, if this is an initial IEP finding your child eligible for special education, refusing to sign or authorize implementation means that your child is not yet considered eligible for special education. This may be important if your child is experiencing significant behavioral difficulties. As I will describe in greater detail when we talk about discipline, the IDEA provides special protections for children with IEPs when they have committed disciplinary infractions. If your child is racking up multiple suspensions, the safest course of action is to authorize the implementation of the IEP and agree in writing that your child is eligible while you continue to hammer out the details of the plan.

Second, if you decline to provide consent or authorization (no signature at all), the District is not legally able or required to implement the services offered in the IEP. For example, if the District is offering speech therapy for 30 minutes per week and you believe your child should get 60 minutes per week, it might be better to authorize the District’s offer of service while you continue to negotiate, instead of rejecting all services by not signing. If you refuse to agree to your child’s annual IEP, the District is required to provide the placement and services offered in the last IEP that you signed and that was implemented. If this is an initial IEP, there is fallback IEP to implement.

Finally, refusing to sign an IEP can create an atmosphere of tension among the members of the IEP team. The District wants and needs your signature in order to move forward and some of the team members may feel insulted or offended that you have refused to sign. This should not deter you from advocating for your child, but it’s good to understand how your actions could be perceived by the District. The most important thing you can do once you decide not to sign your child’s IEP is to keep the lines of communication open with the District and indicate clearly what you would like to see happen to resolve the conflict.

Disclaimer:

This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.

By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.

Moms-turned-activists expose Santa Barbara’s troubled special education program

August 15, 2010 in Special Needs News by Admin Dawn

Marcia Eichelberger isn’t spending most of her waking hours trying to ensure that her 17-year-old son, Jerrod, gets killer SAT scores and an elite university education.

The best hope that she and husband, Derrick, a Santa Barbara landscape architect, have, is that Jerrod will ultimately learn to partially take care of himself.

Jerrod suffers from autism. Sometimes the Eichelbergers are so worried about what will happen to Jerrod after they are no longer around to care for him, they don’t sleep at night.

It is that fear, as well as regular and healthy doses of anger, that motivated Marcia and a handful of other parents to embark on a remarkable grass-roots crusade to improve the shockingly dismal quality of the special education classes offered through the Santa Barbara School Districts.

via Daily Sound — Special Needs, Heroic Deeds: Moms-turned-activists expose Santa Barbara’s troubled special education program and fight for reform, justice.

Everything You Need to Know About Your Child’s IEP

August 6, 2010 in Ask the Special Ed Lawyer by dianaglick

IEP Basics

When people reference your child’s IEP, they may be speaking about the meeting (“Are you going to the IEP today?”), the document (“Here is your copy of the IEP.”) or the process as a whole (“Your child may need an IEP.”). There is also an IEP team that is the decision-making body for your child’s services and supports. Because this term seems to be everywhere you turn, you’ve probably already guessed that the IEP process and the document generated by this process are the basis for your child’s experience in special education.

I’ve discussed the general IEP process in my prior columns, starting with the initial assessment. Remember that the legal obligation of the school district is to provide “FAPE”—a free appropriate public education—to students who are eligible for special education. Once the eligibility determination has been made, the District must offer whatever combination of placement, services and supports that are necessary to allow children with disabilities a basic floor of educational opportunity. While the District and parents may agree that the child is eligible for special education, there may be significant differences of opinion regarding the child’s placement, service and accommodations. These are the issues that are worked out through the IEP process.

The IEP Team

There are a few main points to remember about the IEP team. First, as a parent, you are an integral part of the team and should be involved in all the major decisions during the process.

Federal law also requires the presence of the following team members at the IEP meeting: your child’s mainstream teacher, at least one special education teacher and/or support professional (such as a speech-language pathologist or occupational therapist), and an administrator with decision-making power. The presence of the administrator as key—you want to make sure that someone who can offer special education services on behalf of the District is present at the meeting.

The IEP Meeting

KindergartenerSometimes, parents are intimidated by the committee of experts facing them in the meeting (those kid-sized chairs don’t help either!). I try to empower my clients and remind them that they are the parents—who knows their child better? No one! It’s always important to listen to the assessors, teachers and other service providers who are working with your child, but let your gut be your guide. This means that you should feel confident about asking questions and expressing any disagreements you have about your child’s abilities and needs. For example, an IEP will indicate your child’s “present levels of performance.” If a blanket statement is made such as, “Sam is a delightful child with many friends,” and you happen to know that Sam is a delightful child with such a severe language disorder that he cannot participate in age-appropriate conversations and therefore does not have many friends, speak up about this.

Parents are allowed to invite others to the IEP meeting for personal support or advocacy. I encourage this if you believe you will feel intimidated or overwhelmed by the District personnel in the room. It’s always good to have another set of eyes and ears with you and it may boost your confidence to have more support in the room.

In addition, state law may allow you to make a tape (or digital) recording of the meeting. In California, parents may record if they have given 24 hours written notice to the District of their intent. This is recommended in situations where there have been misunderstandings in the past about statements made during the IEP or when you anticipate hearing a lot of evaluation reports that you may need time to digest and want to hear again after the meeting.

The IEP Document

It is often said “If it’s not in the IEP, it doesn’t exist.” This is a good maxim to keep in mind. If someone offers a service during the meeting, but it’s not written down as part of the formal offer of FAPE, it may not happen and there will be no written record of the discussion.

The “service page” of the IEP describes your child’s placement and the services (including amount and frequency) the District is offering to provide. This section is the heart of the document and you’ll want to make sure you understand its terms before signing your consent.

Other important sections of the IEP document include your child’s designation, any accommodations and modifications to the curriculum and the goals. I’ll discuss with greater detail these sections of the IEP in future columns.

At the end of the document is a place where parents can sign their consent to the IEP. Your signature means that you agree that the District’s offer provides your child with FAPE and that you authorize the District to implement the services specified within. In the ideal scenario, you understand the terms of the IEP and agree that they are designed to help your child access the curriculum; therefore, you provide your consent and the District moves forward on the basis of what is written in the IEP. When there is disagreement about any element of the IEP, parents have the right to withhold their consent to the document and seek other avenues to resolve the conflict with the District. Next month, I will continue this discussion and describe the various options parents have when it is time to sign the IEP.

Disclaimer:
This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.
By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.
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