week 5: problem solving
& advocacy empowerment
(part 2)
replay & summary
This week we talked about what to do when things go wrong, goals are not met, you or your child get frustrated, etc.
First it is important to have a list of who should be at the IEP table and know the roles and responsibilities of each person.
IEP Team members:
You can review the players on pages 31-54 and download the
IEP Contact list &
IEP binder list. Remember the players who must be at every IEP meeting include: Parent, general ed teacher, special education teacher, and school administrator.
It is recommended to print it out for every new school year. Maybe there are new teachers, professionals, etc. Who are you going to email when things go wrong? Whose name and role do you need to remember when you are at the meeting or needing specific support? You may also find it beneficial to print the
IEP Checklist to help guide you on what to do before, during and after the IEP meeting.
Roles and responsibilities:
Student: show up and do the best they can. Hopefully they communicate with you what they are struggling with. Your child should show up at the IEP meeting in their own way. For younger children, it is beneficial to bring their picture and state what your child has expressed to you prior to the meeting. When children are older, they can start attending the meetings. Whichever law is strongest between the Federal or State law will be what applies, so some states children can attend at 14 in some states and some are 16.
Parents: bring up your concerns and observations to the table. Your job is to push for your child's vision. Communicate with the teachers on homework and other support your child may need.
Teacher role: Know the curriculum and grade level standards.
special ed teacher role: know how to modify the curriculum and how to provide accommodations.
Sometimes it feels like the school is trying to put your child in to existing systems, but the school is supposed to design programs around your child’s needs. You can communicate with the school if it isn’t fitting or working. It is best to follow a certain chain of communication when problems arise. Your IEP contact list will help you decide who to contact and when.
Remember, you can break the relationship if you are reacting with anger or big emotions. Try to wait until you are calm unless it is something that must be responded to immediately and then follow the appropriate chain of communication. You wouldn’t necessarily want your boss to be getting the first email of frustration without talking with you first, right?
Chain of communication for different issues:
Homework and/or classroom concerns: classroom teacher and then the special ed teacher.
Supports and services: maybe you notice certain supports aren’t helping or some needed to be added. Maybe you are noticing a pattern of resistance on certain days and trying to see if the support can be offered at a different date or time. The chain of communication is: Special ed teacher > specialist on that goal > principal/admin > special ed coordinator.
IEP plan, goals, services: goals will have to be made or adjusted in a team meeting, so be sure to schedule one when you feel it is necessary. You don’t have to wait for the next scheduled meeting to talk about things that may need to be addressed sooner. first you would contact the Special ed teacher then the special ed coordinator.
when you get draft iep, you can accept it as full, reject as full, or reject as part. for example, you can reject a goal around writing and ask it to be re-written. maybe the school said they were going to add 3 accommodations and only added 2, you can write an email that asks/suggests something different and they can fix it and send it back without you having to formally reject it. if you do reject part of the iep, they can either change the goal and/or services and/or go back and forth to edit to an agreeable plan. if that doesn’t happen there may be a need for a new meeting. at the meeting, they will need to show data that supports their decision for the goal or service.
your rights and areas you may “complain” about are considered due process.
You have rights related to: identification (identifying that your child has the disability and needs support), evaluation (whether an evaluation is done or not done), placement (where the services are being provided), FAPE (Free and Appropriate Public Education) For example, is your child with non-disabled peers if they can handle it, do they have access to the grade level curriculum with support, do they have access to extra support that may not be part of their grade level curriculum.
Substantive complaints:
Appropriate education: Are they getting science because they are in high school, or are they just doing colors because that is all they can cognitively handle?
Effective progress: There are a lot of court cases surrounding this topic because there is so much grey area. Who’s to say the child is making effective progress?
Procedural complaints: technical side & timelines. Are meetings being held without prior notice?
Ways to make a complaint:
Formal and informal complaints are best made when following the chain of communication.
Informal complaints: The easiest way to solve the complaint is to hold an IEP review meeting.
Formal complaints: may have a few different outcomes depending on whether an agreement can be made. Often there is a Facilitated IEP meeting when making a formal complaint. This has somebody at the meeting who is not part of the IEP team. Each person is bringing their data and the 3rd party is running the IEP meeting to make sure everyone is feeling heard.
Occasionally, mediation is needed with formal complaints. When both parties cannot come to an agreement and mediation is called, it must be agreed to by both parties. During mediation, we can “bend” the law in writing. For example, if a student is sick and cannot attend school but the school feels like they should be at school so the school can provide them with the education they are required to provide. During mediation, you could get in writing that it is ok for the child to miss school and the school will not be held responsible for what is missed during their extended absence.
Once you have put in a complaint (formal/informal) there must be a review meeting within 15 days and a decision has to be made within 45 school days. From there you can also follow an appeal process. If something goes to a court case (hearing), you cannot bring an advocate. The advocate can prepare you for the hearing with your data, but a lawyer will know the law and go to court with you. Once a decision is made, the advocate can help facilitate and help shape the educational program that may be needed at that time.
If you choose to bring an advocate to the IEP meetings, facilitated IEP meetings, IEP reviews, or mediation you do not have to tell them if you are bringing them, but it is nice to let them know so they can feel prepared. If you are bringing a lawyer, you do have to let them know before the meeting, so they have the chance to bring theirs if they want to.
There is not a process for things outside of Due Process. For example, complaining about feeling like a teacher doesn’t like the student.
Policies and Laws:
Procedural Safe Guards (policies, procedures, laws, etc). You can get this at the state department of education. Things included may be a notice of meeting in writing. All of this is included as part of the IDEA law.
There must also be parent training centers to get federal funding. This may be called different things in different states. Parents may not always know these things exist, but it is for parents and professionals. Google Parent Information Center to find the one for your state. You can get various supports from these centers such as interpreters and workshops to help you learn your basic rights and more.
next steps: Make sure you are following me on
instagram and/or
tiktok. I am regularly posting content to help you as you continue your journey in confidently advocating for your child in a way that is positive and collaborative with the school.
I'd also love if you would continue to share about who’s learning now with your friends and family who may be needing support for their children when navigating their special education journey.
last but not least, if you have time, could you please provide some feedback for the book club workshop? I'd love to know your biggest takeaways, anything I could do to improve this workshop, as well as any workshops you'd love to see in the future.