Special Education Tips

Showing posts with label FAPE. Show all posts
Showing posts with label FAPE. Show all posts

Thursday, December 8, 2016

Tips for Special Education Meditation


These are a few tips from my latest book, "Do Not Tweet at an IEP Meeting."

Tips to prepare for Mediation – these are the tips I give my clients in Connecticut. Find out what the differences might be in your state.  

If you cannot resolve your differences at the IEP meeting, consider going to mediation. Here are some mediation tips…

1.   Bring the student’s file. But more importantly, make sure it is organized to the point where you pull out quickly whatever it is that you are looking for. When you fumble for papers, it's distracting and an inefficient use of time. Try to predict what you will need and have it handy.

2.   Court room appearance is not necessary, but don't be too casually dressed.

3.   Bring water, food, and snacks. In the worst case scenario, we will be trapped in a room until 6pm with no refreshments and there will not be a lunch break. Some districts will provide coffee, water, and a few snacks, but you cannot count on this. Most mediations end by 4 at the latest. The mediator may leave us for a few minutes and return, or 2 hours and return - as h/she goes back and forth between rooms. There is no way to predict when h/she returns so we need to always stay put.

4.   I always bring something to share with the mediator and often they are thrilled to accept. But they don't want to feel like they are taking "your stuff." So, if you have ice tea, then you must have 3 bottles so it's clear to see that there is extra. Or if you have snacks, there must be a large amount so it's clear you couldn't possibly eat that much.

5.   Bring copies of any invoices that you hope to get reimbursed for. If there are several expenses, write them all out on a spread sheet.

6.   Bring a real calculator; do not depend on the calculator feature of your iPhone. Bring pens and pads of paper.

7.   The mediator may begin by having the parties together and allowing each side to give an opening statement. If h/she doesn't want an opening statement, h/she might ask us to simply state the issues, and then ask the other side to restate what they heard. Then h/she will separate the Board and the family into different rooms. Or h/she may keep us separate from the very beginning. We need to be prepared for each scenario.

8.   Mediation depends not only on the law, but on relationships. While we do not have to compromise the student's rights, we need to keep positive, professional, and pleasant.

9.   The mediator will need help staying on top of facts, as will the Board and the student's team. The family has been living the case day and night, and all the facts and issues are ready to spill out. But everyone else in the room is a professional, with other clients. While I expect that the professionals will be fully prepared, it's helpful to have a list of key points at our fingertips. Each mediator comes to the table with different levels of skill and different levels of preparation. In the past, I have prepared outlines of the issues, timelines, or lists of facts for the mediator and offered to give it to him/her if h/she wants to accept it. Usually the mediators are appreciative.

10. Bring a laptop or iPad in case we want to quickly research something. My laptop and iPad have a Verizon card in it and it works wherever there is cell service.

11. Make sure that you don’t have appointments or childcare issues so you do not have to worry and stare at the clock. But do wear a watch in case there is no clock in the room and you are wondering about the time.

12. Bring Tylenol or Advil or whatever you need for headaches and stress. Stay hydrated.  



Saturday, August 21, 2010

IEP Tips: What to Do at an IEP Meeting

by Anne Treimanis, Esq. and Kathleen Whitbread, Ph.D.

Note: These tips are from Chapter 2, “Tips for What to do During the IEP Meeting,” from the book IEP and Inclusion Tips for Parents and Teachers by special education attorney Anne Treimanis (Eason) and Dr. Kathy Whitbread. Published by the Attainment Company. http://www.attainmentcompany.com/.

Having friends and being a friend are important for your child's development. These tips are also designed to insure that your child is successfully included in the neighborhood school and enjoys after-school community activities.

Send your agenda to the district a few days ahead of time.

Label your agenda as “Parent Concerns and Proposed Solutions.” Bring extra copies of your "Agenda" to the meeting and politely invite each team member to take a copy.

Bring food, or at least bottled water to the meeting.

If your water bottles are large, bring a stack of cups. At the end of the meeting, leave any leftover food for the staff to enjoy. Use plastic or paper plates and trays. Avoid plates that you would want to bring home.

“I used to bring in home baked muffins or cookies, but these days everyone seems to be on a diet. You never know if they are counting calories, trying to eat low fat food, or counting carbs. Now I just bring water, both flat and sparkling, with an assortment of flavors for the sparkling. It’s so appreciated and won’t make a mess of the meeting area. But, homemade goodies are always a good option. Dieters don’t have to indulge if they don’t want to.” - Anne

You are a full and equal member of the IEP team.

Don’t be afraid to take charge, and see your role as equally important as the educational professionals.

Also, be sure that when someone says, ”The team feels . . .” that you do agree with the statement. If you do not, say, “I don’t feel that way, and I am a full and equal member of this team.” Remember that you have a valuable and unique perspective as the parent of your child.

Do not allow yourself to get into a “them versus me” situation.

Be an active listener.

Make sure you make eye contact with people as they are speaking. Give each speaker your full attention. Allow people to finish their thoughts before speaking up. Don’t fidget.

If the school did not provide records, evaluations, or proposed IEP goals ahead of time and you feel your ability to participate in the meeting has been compromised, consider rescheduling the meeting (with the utmost of tact and class).

The law says that parents are fully participating members of the IEP Team. You cannot be a fully participating member if you lack critical information about your child.

Discuss issues your child has that may affect his ability to receive educational benefits in the general education environment.

Focus on the supports and services your child needs to learn and be successful in school. For example, “Due to Tim’s hearing impairment, he requires a sign language interpreter to benefit from the general education curriculum.” Your requests should be appropriate.

Write to the school and request that all reports, evaluations, and proposed goals and objectives to be given to you at least 5 days ahead of the meeting.

To contribute to the IEP Team discussions of your child’s educational program in a meaningful way, you need to prepare for the meeting. Ask that no reports or evaluations be read or produced for the first time at the meeting.

Exchanging information ahead of time gives all parties an opportunity to become better prepared. It also leads to more efficient use of time at meetings.

Make sure your child’s IEP goals are SMART.

In the corporate world, business goals are SMART, which means they are Specific, Measurable, use Action words, are Realistic, and Time specific.

Note: This excellent advice originates from the good people at wrightslaw.com. Download the chapter about SMART IEPs from Wrightslaw: From Emotions to Advocacy, 2nd Edition (revised to include IDEA 2004).

Be sure you understand the “prior written notice” provision in IDEA.

IDEA says the school must provide the parent with notice whenever the school proposes to initiate a change or refuses to make a change in connection with the identification, evaluation, or educational placement of the child, or the provision of FAPE (free appropriate public education) to the child.

This notice is required to include several components:
a description of the action proposed or refused by the agency;
an explanation of why the agency proposes or refuses to take the action,
a description of any other options that the agency considered and the reasons why those options were rejected;
a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; a description of any other factors that are relevant to the agency's proposal or refusal;
a statement that the parents of a child with a disability have protection under the procedural safeguards of the law;
if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
sources for parents to contact to obtain assistance in understanding the provisions of this part.

If you don’t understand what is being said or proposed, ask the Team to clarify.

Do not permit a discussion of your child’s placement until the present levels of academic achievement and functional performance, and the IEP goals and objectives have been discussed.

The law says that a child’s placement is discussed only after the IEP goals and objectives have been developed.

Bring your child to the IEP meeting.

If you feel it is inappropriate for the child to stay for the entire meeting, bring her for part of the meeting.

Consider bringing all your children to the IEP meeting so they can support their sibling.

“Why did I bring Eva’s brothers to her IEP meeting beginning in the second grade? Did they understand the meeting? Well…not entirely. However, they knew I was always attending meetings and I wanted to take away some of the mystery.

     I wanted my sons to see how I advocated for my daughter. I wanted them to witness how one individual could stand up for an idea, even if everyone in the room disagreed. I am preparing them to grow up to become co-advocates with their sister, who I am grooming to become a self-advocate. It’s okay with me if they attend the IEP meeting to escape going to science. It’s okay with me if they attend the IEP meeting just because I am feeding them chocolate milk and bagels.” - Anne

Consider inviting other students to the IEP meeting.
Kids often have great ideas on how to support other students. Of course, your child needs to be okay with this.

“If you are curious as to what happens to a boy who goes to his sister’s IEP meetings, this is how the story may unfold....

     In an effort to continue advocacy training, I brought my son to a disability related rally in Washington, DC. He knew the purpose of the rally, but admittedly I had to sell it as a day off of school with some sightseeing. He agreed to go, knowing that the rally was something he had to put up with. Look and see how transformations occur!" - Anne



Don’t go to an IEP meeting alone.

The person you bring does not have to be a trained advocate. The person can be someone who cares about your child and family. If you think this is necessary, ask them not to speak.

Just having someone there, taking notes, will let the district know that you take your rights seriously.


Tips on advocates

When you choose an advocate, make sure that he or she is prepared.

Make sure the person presents him or herself in a professional manner.

Make sure that the advocate shares your views on your child’s education.

Some advocates bring their personal anger to the table. Choose an advocate who is strong but diplomatic.

Do not forego preparation for the IEP meeting because you “trust” your advocate to do this.

Prepare for the meeting WITH your advocate. The advocate must represent your point of view but their job is not to take over. This is YOUR child and YOUR meeting.

When preparing with your advocate, identify what is not negotiable, and what you are willing to compromise on. Prioritize your issues.

Make sure your advocate has a copy of and has read all of your child’s records.

Do not hire an advocate one day before the meeting. This will not give the advocate enough time to read the records and prepare properly with you.

If your district allows it, record your IEP meetings.

When you tape a meeting, you have a completely accurate record of the meeting and you will be free to listen and participate in the meeting rather than writing notes. If you encounter resistance from the team, note that the district cannot refuse to allow you to tape if this is an accommodation for the parent (for example, if the parent is hearing impaired or has an auditory processing problem). Read IEP Tips: Taping Meetings by Anne Treimanis (Eason) and Kathy Whitbread at http://www.wrightslaw.com/info/iep.tips.taping.eason.htm.

Debrief with your advocate, spouse, and any other person who accompanied you immediately after the meeting.

Write down what you remember, and then add your own impressions and opinions.

Write a thank you note to the IEP Team for the time people spent meeting with you about your child. Use the thank you note to document key decisions made and to review issues that are still unresolved.

Remember - Students with the best educational programs (and outcomes) are usually those with the most empowered parents. Read this book to empower yourself with the information you need to advocate for your child.

For more tips, check out the book IEP and Inclusion Tips by special education attorney Anne Treimanis (Eason) and Kathy Whitbread, Ph.D., now available in the Wrightslaw store - http://www.wrightslaw.com/store/iep.eason.html.