| Special Education News from EdLaw |
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| Information, Events, Tips and Advice for Parents of Special Needs Children in Pennsylvania |
November 15, 2007 |
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Greetings!
Welcome to all Parents!
This newsletter is based on one simple idea: You can get the services your child needs. How? By getting "empowered." With information. With knowledge. With the confidence that will come from knowing more and doing more. You can be your child's best advocate! You can make a difference in your child's life. Our goal: To help you help your child.
We hope you enjoy this newsletter. More important, we hope you will use the information and ideas you find here to make a difference in your child's life. Isn't that what it's all about?
Sincerely,
Special Education Attorneys Chuck and Michalisa Pugh
P.S. Drowning in email already? Instantly "unsubscribe" by checking the box at the bottom of this email. |
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 Quick Tip! Do you know about . . .
The "Annotated" IEP?
The IEP is the engine that pulls the train. The "annotated" IEP published by PaTTAN (the Pa. Technical and Training Assistance Network) is a great resource because it incorporates comments right into the IEP form that your school uses, explaining each section of the IEP and how it should be completed. The annotated IEP also includes examples of goals and methods of monitoring the student's progress.
Take a quick look at it and compare it to your child's IEP. If you have an IEP meeting coming up, review the form before the meeting. You can also take it with you as a handy reference.
The more you know about what the IEP should look like, the better you can participate in the IEP process and influence the outcome. Remember! Under the law, you are an important member of the IEP team.
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 From the Legal Desk . . .
Do you have an Independent Educational Evaluation of your Child?
A thorough psycho-educational evaluation is essential to develop an IEP that works. Do you have an independent evaluation of your child? One that thoroughly evaluates your child's disability, cognitive abilities, achievement levels, social skills, and all other areas of need?
Did you know that in some cases a school district will agree to pay for an independent evaluation by a psychologist you choose? And in some cases, a school district may be required to pay for an independent evaluation by a due process hearing officer.
Federal special education law gives parents the right to obtain an independent educational evaluation ("IEE") of their child at public expense if the parent disagrees with the evaluation performed by the school district. For example, the school's evaluation may not include all needed tests or its results may not be reliable because the child was ill or upset on the day of the evaluation.
In our experience, schools usually will agree to pay for an independent evaluation, if there is a reasonable basis for the request. Under the law, the district cannot simply refuse the parents' request; it must institute a due process action and prove that the school psychologist's evaluation was appropriate. In practice, however, some school districts will simply deny the parent's request instead of filing for due process.
In our special education law practice, we use well-regarded, experienced, highly qualified, school-certified, Ph.D.- level psychologists to perform the independent evaluations. In most cases, the independent psychologists will meet with you when the evaluation is completed to review the results and answer questions. In addition, they will attend the child's next IEP meeting to explain their findings and the basis for their recommendations. Both are important, in our view.
We believe in teamwork! The school district has its team of administrators, teachers and other professionals. In most cases, you will benefit by having your own team, which can include an independent evaluator, treating psychologist, pediatrician, tutor, or others. Your team also can include a non-attorney advocate or attorney, if necessary.
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 SPOTLIGHT ON . . .
Are you "connected?"
The Internet has made it so much easier to connect with other people, to find out about events and workshops, and to get information you can use to help your child.
A favorite resource of ours is ARConnections, published by the ARC of Chester County. This monthly newsletter lists workshops, support groups, and other resources and activities. The many free learning opportunities listed in the November issue include a "special education study group" focusing on Pete and Pam Wright's book, From Emotions to Advocacy (beginning in southern Chester County on 11/15), "Becoming a Love and Logic Parent" - classes forming for parents of children with any disability (Oxford area), and a Saturday morning session on "Becoming a Terrific Advocate for your Child" that we are presenting at the ARC of Chester County on December 1.
To subscribe to ARConnections, call or email Janine at the ARC:
Not located in Chester County? ARConnections lists many activities occurring in southeastern Pennsylvania, Harrisburg and elsewhere. You also can check with the ARC in your county for information. In addition, use Google (or other "search engines") to find activities and organizations in your area that can help. Tap into the power of the Internet!
Parents can learn so much from each other! For example, after the featured part of the program is completed at monthly Chester County CHADD meetings, parents usually form into "circles," based on the age of their child, to exchange ideas with other parents on how to deal with the problems they face at school and in other areas. Parents in these kinds of sessions do not only offer useful advice, based on their own experience, but also provide needed "moral" support.
Do you sometimes feel that you are alone in dealing with your child's disability? You do not need to be! For example, parents of children with ADHD can check out the CHADD group in your area. For Chester County CHADD information, go to www.chaddofchestercounty.org. For a listing of many different parent support groups, check out the "Support/Advocacy Groups" section of ARConnections. Many national disability organizations also can provide information and contacts at the local level. We've listed some national and other disability organizations on our website. Just go to:
Google! Make some calls! As they say, "get busy!"
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 Simple Ways to Get Better Results at School
We believe most parents can get better results for their special needs child at school on their own. To reach that goal, however, you need to form certain habits and take certain actions consistently. We call those things the "building blocks" of effective advocacy.
So how are you doing? Let's start with our "top ten" building blocks of effective advocacy. Take the quiz below to see how you're doing and where you might want to make some changes. Give yourself 10 points for each question you answer "yes." No cheating!!!
- I organized and maintain important education records, including IEPs, evaluations, third-party reports and important school correspondence in a binder or file for ready reference.
- I "document" important conversations with school staff through email or other correspondence.
- I have written out my most important goals for my child and adjust them as necessary.
- I have carefully reviewed my child's evaluations and understand what they mean.
- I prepare for school meetings, such as IEP meetings, including preparing written handouts for the meeting, where necessary.
- I tap the power of the Internet and other sources to learn more about my child's condition and ways to get the services my child needs.
- I have a general understanding of my legal rights (and responsibilities) under federal and state special education laws.
- I have my own "team" of professionals and others with knowledge of my child, whom I trust and can draw upon in dealing with the school.
- I make arguments for services based on facts.
- I am proactive, persistent, positive and polite in my approach to the school.
So how did you do? Any parent who scored a 90 or above deserves an "A" in our class! You can always improve, but you certainly are doing lots of things right. A score of 70 or 80 (a "B" or a "C") isn't bad, either. Improving in a couple of key areas may help you achieve better results. Below a 70? Well, nobody's perfect. But it's time to make some changes!
Is this a perfect quiz? Of course not. Any "top ten" list necessarily leaves out other considerations that may be very important in a specific situation. And, of course, there's no "magic formula" that can guarantee success in dealing with the schools in every situation. You may be doing all the right things, but the school refuses to cooperate. The school may not be eager to spend the money necessary to provide needed services or it may not have the trained staff to do the job. The school may refuse to take your requests for services seriously because it believes it doesn't have to. On the other hand, the school or its counsel may simply believe that the services you seek are not required either by good educational practice or by governing federal or state law. As Mark Twain said, "It is a difference of opinion that makes (for) horse races." (And, we might add, lawsuits).
So following an approach with the school that incorporates our "top ten building blocks" won't guarantee a certain result. In our view, however, it will make it much more likely that you will get the services your child needs.
In future newsletters, we will focus on these (and other) "building blocks" individually. But here's something you can do right now. Start with item number 1 above. Have you requested your child's school records? It's usually a good idea to get them. Parents sometimes are surprised to discover information they didn't know existed. We have a records request form on our website that you can copy and paste into your word processor to create a letter from you to the principal requesting the records. Here's the link:
Our suggestion: Take action! Get the records, orgainize them, and review them. For one method of organizing the records, check out our article on the home page of our website (see the box) at www.PaEdLaw.com.
So get started! That's the key. And tune in as we discuss the building blocks of effective advocacy individually in future newsletters.
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