Parental Rights: Obtaining Information from your School System

One of the most serious topics that I often have to deal with is dissemination of information on parental rights.  School systems tend to stay mum when it comes to providing accurate, easy to follow, and up-to-date information on how to follow proper procedures when a parent feels that the rights of his/her child have been violated.  I have often encountered those professionals who are simply afraid to mention next steps in regards to disagreement on children’s IEPs (Individualized Educational Plan), will not answer questions about the filing of impartial hearings, fail to point to guidelines and procedures, or simply withhold information that could be useful to a parent in making an informed decision.

Our world has changed for the better in many aspects, but professionals within school systems are still afraid that they could be penalized for expanding parent’s choices since those choices can come at an additional cost to the system.  For example, if your child has an IEP (Individualized Educational Plan) that recommends that for the majority of the school day, he/she is to receive instruction in a 12.1.1 setting (12 students/1 teacher/1 assistant), and your child has not been receiving this type of instruction, then you can request mediation or an impartial hearing to resolve the issue.  Sometimes the issue can be resolved at the school level, sometimes a transfer is necessary, and some other times even a private school may be needed.  In the latter case, the school system is liable to reimburse the parent for school tuition, since federal law clearly states that this is an educational right (Free Appropriate Public Education).

I was involved in a difficult situation just a few days ago.  One of my co-workers, under my guidance, informed a mother that in order to better serve the needs of her child (who needed a great degree of educational supports), she had the option of having him attend a particular school who could supply him with a much more specialized and tailored program.  Of course, if she desired, she could also send both her children, the child who needs a special program and his brother in general education, to the closest school.  They would both be together at this location, and the school would have to figure out a way to service the child with special needs as they do not have a ready-made setting, but the option was also available.  The parent chose to have the siblings in separate schools but felt that this was the best setting for each child, therefore tailoring her children’s education to their needs, rather than using a cookie-cutter formula.

When the above situation was revealed to one of the administrators in the division that manages student enrollment for this school system, I was asked to not have these conversations with parents again, as the choice should have never been on the parent.  The administrator referenced the system’s new guidelines and explained how students’ disability status could not be taken into consideration.  This is a great misunderstanding, as the point of the new guidelines is to expand parental choice, so as to not confine the parent to only one choice, a choice that would only be based on the child’s disability.  However, it is perfectly all right, actually desirable, for a parent to have this information and made the choice based on the information that she has been provided.  This is the student’s right to a Free Appropriate Public Education in his or her Least Restrictive Environment (more on this to come).

When it comes to dealing with school systems, your best option is to ASK, ASK, and ASK.  Don’t forget to drop me a line if you would like to get in touch with me!

Only by asking you will know!

What is an IEP?

If your child was diagnosed with a disability, especially if this happened within the context of school, chances are that school personnel has approached you and has spoken to you about an “IEP.” In the shock of finding out that your child has a developmental disability, you may not even have had the strength to ask what it is. There are so many things in your mind!
IEP stands for Individualized Educational Plan. It is “individualized” because it belongs to your child and to your child alone. Each specific plan includes details that aim to capture the needs of each child, the level of functioning of each particular child, and delineates what is needed from now on. It is “educational” because this plan pertains to education and not to other areas of life. However, education does lead to other areas, such as vocational or post-secondary goals, and those areas are also covered on the IEP. It is a “plan” because it contains goals, objectives, methods, strategies, and a way to measure whether those goals have been attained. It is supposed to be assessed and revised accordingly over time.
IEPs are also legal documents that show what the student needs and what the student is entitled to. They clearly identify how a student best learns and the recommended settings and accommodations needed. This is very important as the family needs to be aware not only that the IEP exists, but also that this is a document that they have direct input on, access to, and also guarantees the exercise of parental rights, should a child not receive the services delineated on the IEP.
We will continue to talk about the many ramifications of a newly written IEP. In the meantime, please drop me a note if you have any questions.

Love,
Dr. Klimek