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November, 2005
Becky’s Tip for Parents
IEP issues are really important
and I wish I had taken the time to educate myself
when we developed Katie’s first IEP. Hopefully there
will be some information here to help any of you
developing your child’s IEP. The most important
thing I have learned is that Katie’s potential is
limitless. ABA has made a huge difference in our
lives. Our family understands her better and knows
how to communicate with her.
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When working with the school
district, you have the right to question their
tests and recommendations. You are a part of the
Individualized Education Plan Team. In fact, in
my opinion, you are the most important member of
that team. NO ONE knows your child better than
you! The IDEA statute commands that parents be
equal members of the IEP team.
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Educate yourself! Before going
to an IEP meeting, review the IDEA statute and
understand your rights as a parent. For example,
you have the right to tape record the meeting,
and I advise you always tape record your
meetings. This can be very helpful since
discussion can get heated and you may lose track
of everything that was said. By tape recording,
it will not be necessary to take detailed notes
of the meeting. You also have the right to bring
other people that have an interest in your
child’s needs (example – ABA Tutors, Speech
Therapist, Social Worker, etc.) Parents tend to
be “outnumbered” in the meeting and are overcome
with the idea that the “majority rules”. It
helps to have people there who support your
views. If someone vital cannot attend your
meeting, you can use a conference phone.
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When at the IEP meeting, be
aware of the language you use. Avoid any
statement that includes the words “I think” or
“I feel”. Use strong language like “Data based
research has shown Applied Behavior Analysis is
the only methodology specifically designed to
achieve self-sufficiency and integration.” Avoid
asking for the “best” or an “excellent”
education service from your school. They will be
quick to remind you the law requires them to
provide an “appropriate” education. There is an
old phrase, “The school district is not
obligated to provide you a Cadillac, only a
serviceable Chevy.” It is your responsibility to
show your district that what they currently
provide is a Chevy without wheels. I have taken
this a step further with my district by
reminding them that all of the district’ s
literature brags about how they provide an
“excellent education” and were rated as
“excellent” by the State, yet for some reason,
the district does not feel the need to provide
my child with an excellent education.
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DOCUMENT EVERYTHING! Tape
record meetings, follow-up phone conversations
with letters or e-mails documenting what your
understanding of the conversation was. This
documentation is vital if and when you ever need
assistance from an attorney.
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When at an IEP team meeting,
stay focused. If you are there to make a
specific request, try not to get sidetracked by
comments from teachers or therapists. I noticed
at our meetings it always followed the same
pattern. The District Representative “ran” the
meeting. She would start the meeting and then
ask each teacher or therapist to talk a little
about Katie. Each person spoke about all of
Katie’s successes and how bright she is and how
well she is doing in her class. By the time they
all finished, I would want to get up and say,
“Wow, why are we even here?” But then I
realized, if a member of the team focuses on a
problem or a concern, then it must be addressed
and since no one wants to step up and say “this
child NEEDS more ____” they avoid talking about
the negative. At our last IEP meeting, I
announced at the beginning of the meeting we
were not going to talk about how smart or how
amazing or how wonderful Katie is. I was aware
of all of this from her progress reports. I told
everyone we were there to develop a program to
address her deficits. Everyone was surprised,
but it certainly changed the tone of the
meeting.
http://www.thearc.org/faqs/qa-idea.html
IDEA facts (Eligibility, IEP's & Placement)
http://www.wrightslaw.com/law/idea/index.htm
Changes to IDEA 2004
http://www.wrightslaw.com/bks/lawbk/ch4.idea.overview.pdf
Overview of IDEA 1997
http://www.wrightslaw.com/bks/lawbk/ch2.law.overview.pdf
Overview of Special Ed. law
http://www.wrightslaw.com/bks/lawbk/ch3.history.pdf
History of Special Ed. law
http://www.legaldirectory.ws/Labor_Law/Disabilities_Lawyer/default.aspx
Disability lawyer directory
http://www.mayerslaw.com
Mayerson & Associates
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