The headach of the IEP process hidden from parents

You as the parent have now discovered that your child is struggling to keep up academically in school.  The feelings of guilt, hopelessness, frustration, and confusion is only the beginning of the thought process we go through.  Then the questions of, what do I need to do to support my child comes into play.  You begin to get presented with verbiage such as present levels, accommodations, reading interventions, executive functions deficits just to name a few.

Depending on the school district you live in and the accessibility to different support systems will ultimately determine how productive you school will be to support your child. Unfortunately, the struggles to obtain basic supports are sometime impossible to get. Why? IEPs cost the school systems money. It’s always about money. But you as a parent have rights along with your child. FAPE. Free and Appropriate Education This is the educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Act. IDEA. So, what can you do to get the support your child needs? The following steps will help to guide you through this very emotional process.

1.     YOU the parents can request testing through your schools with NO cost to you. You can request this in writing, with copies to the principle and the schools district director, coordinator of special education…..PLEASE NOTE: in every correspondence include your child’s student ID in the letter head and subject line, doing so confirms this will be placed in your child’s academic record. After every phone call, ALWAYS follow up with an email recapping the conversation. YOU MUST KEEP A PAPER TRAIL.  Remember, YOU the parent can initiate the eligibility process, you do not have to wait for your schools.

2.     While you are waiting for a response from your school district, REQUEST FERPA, Family Educational Rights and Privacy Act, that allows YOU the parent to access your child’s academic record and obtain a copy. Its important that you know what is in your child's academic record.

3.     Once testing has been completed by either a school psychologist and or educational diagnostician sometime a speech and language pathologist or even an OT depending on the need of your child, you should have a chance to review all data prior to the IEP eligibility meeting. Schools must provide this information to you 48 hours prior to the meeting date. CAUTION: Be on the lookout for the phrase: “Below Normal within Normative Ranges” This is the cleaver way a county will say, yes there is a disability, but because their score isn’t low enough the county doesn’t see an urgency here to intervene. The data will be complicated and confusing, DO NOT be afraid to ask for clarification on anything, They do the testing for a living and most families are new to this language.

4.     You get to the meeting, based off of the testing the "team" will decide if your child meets the criteria of the 13 categories set forth by the federal law. Lets say they find your child ineligible of services, do not feel hopeless, the battle is not over. Send a dissenting opinion to everyone at the meeting stating why you disagree with this decision. (Please note, you can be proactive and have a pre-written dissenting opinion with you along with the next Request, The IEE or Independent Education Evaluation.) All these documents should also be placed in your child’s record.

5.     The IEE: Under IDEA(The Individuals with Disabilities Act), this requires schools to PAY for an IEE in certain situations. And IEE at the public's expense is not the same as a private evaluation.  Most counties will have a list of specialists that a parent can select to have the evaluations done through. NOTE, do your research on the different facilities. If it is feasible and financially doable, sometimes going to an evaluator that is not listed is a good thing, you can still request the county to pay for this as well however it is a bit more tasking but still an option.

6.     Once your IEE is completed you will go back to the table to discuss the new testing, compare it to the county testing and battle it out for services for your child. Sometimes this is enough to get an IEP or even a 504 (a later topic) sometimes its not. If they still deny you services for your child, YOU STILL HAVE OPTIONS. I recommend having the outside evaluator present for this meeting so they are able to discuss their testing on the same level as the county evaluators.

7.     Submit a dissenting opinion once again, I recommend having it with you to hand deliver it faster and it shows them you are not backing down.  Have the next document ready as well to hand deliver.

8.     Admin Review: This is an opportunity for you to have an entirely new team brought into look through all testing and documentation and discuss your child’s data. This should be a “neutral” opinion, but I say that with caution especially if you are at this step.  If the decision turns out to be another no, do not lose hope. You can reapply the next year. And this gives you time to reorganize and collect more data. ***(If you choose not to go to admin review, you can request mediation with the county. I would highly recommend consulting an advocate or attorney at that time)

 

NOTE: organize your IEP binder of everything and divide it into sections, make sure everything is in chronological order from newest to oldest

·       Report cards

·       Assessments: MAP, PALS, SOLs, County testing, private testing

·       IEP eligibility meeting information, dissenting opinions, IEE, Admin Review

·       Tutoring data: if you have your child in tutoring get a statement

·       Sample work of your child’s performance

·       School and staff correspondence (print off form computer), always have a paper copy ready and highlight main point of communication.

You are now building a case for your child’s academic success.

This is information that was never shared with my family. School systems do not expect families to understand the process of IEP eligibility so therefore they make very little effort to help navigate these waters. Unfortunately, Special Education funding is always being cut when really the opposite should be happening. If you are in a position where you can hire an advocate or an educational attorney or at least consult with one, I would recommend doing so from the very beginning. If you cannot hire one full time, many will act a consultant for you to at least provide you with knowledge on how to interpret the data and really understand the law surrounding special education.  The sooner you or a teacher suspects your child is struggling academically, and the earlier interventions can be put in place, the great chance you have for closing the educational gaps for your child.  This is not an easy road to navigate, find other families for support, share experiences. These communities of people will become your source of strength when you are at your breaking point. Always remember why you are going through this, your child deserves the same chances of success in school as the next child, their beautiful little brains are just wired differently. Understanding that and then also teaching your child that they are capable of succeeding is honestly half the battle.

 

Request for Eligibility

DOCUMENT

Dissenting Opinion

DOCUMENT

Request for IEE

DOCUMENT

Dissenting Opinion

DOCUMNET

Admin Review / Mediation

DOCUMENT

 

 

 

Comments

Anonymous said…
Wish I had known this information
May 2, 2023 at 11:13 AM
Post a Comment

Popular posts from this blog

The importance of Documentaion

There are so many moments when parents struggle to plead their case against a system that claims to have their child’s best interest at heart but is completely the opposite.   If there is one thing that I can stress to families is the importance of documentation.   This is the difference between having the facts and it being hearsay. So, what am I referring to? Emailed correspondence? Phone calls? Testing? YES, to all the above. Anytime there is a question, issue or just a simple inquiry, you want a paper trail via email. If you have a phone call with a teacher or administrator, you must always recap the conversation with that individual in an email.   The more information you capture regarding your child’s case, the stronger your chances are of not getting push back in your meetings. That’s not to say it will not happen, however, the more documentation the more you can hold those individuals accountable. Learning how to document is essential for every IEP family. Knowi...
Read more

The Strong Voice of Parents

  Parents are the voices of their children. They know them better than anyone else who is in their lives. Parents understand their child’s feelings, their struggles, and their successes.   Parents are the first ones to make their child feel better when they are hurt, sad and even mad. They understand the volcanic eruption of emotions from children who keep it together all day while they attend school to finally feel safe enough to express their hearts, not always a pretty scene to watch.   But most importantly, parents are the voices for their child’s education when the tables are stacked against them from LEAs whose priorities are backwards in the realm of education.   Parents are the ones who call out the inconsistencies, the lack of accountability, the failures of these schools whose job it is to educate your child.   It is no wonder most parents, especially those with children in special education, are exhausted. Their children are in a world with those th...
Read more

Getting prepared for that BIG meeting

  If you are like most parents, when the annual IEP meeting rolls around you feel an increase of emotions. The anxiety, the defensiveness, the frustrations. Feelings that only an IEP parent can truly understand as what can be a grueling and adversarial process  sometimes. The key to staying calm and successful is being overly organized and knowing how to present your concerns and requests. I know, easier said than done when it comes to our children.   A great tool to bring to an IEP meeting is your Pre-Meeting Worksheet. A Pre-Meeting Worksheet is an organized way to help stick to the facts of the meeting and leave the emotions at the door. Within this document you will write things such as ·         Purpose of the meeting ·         Who will be attending? ·         What do you want for your child? ·         What are they p...
Read more