Between August and late June, there isn’t a day when I don’t hear from parents related to IEP Plans, 504 Plans, or general education programming. It’s a major part of my life. And in these discussions, I usually touch upon a few guiding questions to set up the conversation moving forward:
EVALUATIONS
WHAT WORKS
PROCEDURAL SAFEGUARDS
1. Does your son or daughter have an Evaluation from an outside clinician like a Clinical Psychologist, Occupational Therapist, Speech and Language Therapist, or a summary from a physician?
2. What does your child love to do to the point where they are either at their most joyful sense of self or an activity they could do for hours an end?
3. Have you already navigated the Procedural Safeguards process within your child’s IEP?
Here’s why these are so important?
OUTSIDE EVALUATION: Often parents express their frustration with the special education process as if they are “outsiders” navigating a highly guarded system; feeling like they are up against an agenda pushing back against their desire or recommendation for specially designed instruction [via an IEP] or accommodations [via a 504 Plan]. However, when parents move forward with their referral for support and this is founded upon a clinical evaluation, this often creates a bridge toward their intent to seek support and possibly services.
As an Education Advocate for over 25 years, I rely on these documents as the foundation for my work moving forward. And many parents are able to access the services of these clinicians through many insurance policies. When we are addressing the needs of our students whether it be within the context of an IEP through specially designed instruction or a 504 Plan through accommodations, both processes are grounded upon the understanding that there is a suspect of a disability at the core of the challenges each experience. And the outside evaluation serves as the bridge in this conversation.
WHAT WORKS? Whenever we move into the intervention process in support of each child, it’s essential to guide the conversation within the framework of “what already works?” For many students, school presents a wide range of challenges and to create a successful intervention plan, we often see greatest strides when we build upon their interests or established connections. For example, within the context of ADD or Autism, we often see “hyper focus” engagement and these interests or preferred activities may serve as the platform for future success. Also, many kids today are highly influenced by relationships first and foremost. As a result, we often see making social emotional connections as the foundation for academic skill development. This “what already works” perspective is critical when we move into any intervention.
PROCEDURAL SAFEGUARDS: Parents have been handed the Procedural Safeguards handbooks following every meeting in the same way cell phone services share pages of legally binding agreements; few of us read these documents. Same goes for parents; few actually read these handbooks. However there are important tools within these handbooks that could make a difference especially when there are disagreements or misunderstandings within the conversations between parents and school.
– MEDIATION: Since the IEP and 504 plan conversation is often guided by emotions, personal agendas, and limited time in conversation, mediation presents a solid opportunity for districts and parents to navigate these troubled waters with support of a neutral third party facilitator. Every year I participate in a number of these sessions and I often see collaboration and willing compromise unfold due to the neutrality of the process. I also see mutual understanding surface as the teams take quality time to communicate for too many IEP & 504 Meetings are pushed into tight 30 minute sessions.
– COMPLAINT PROCESS: Here again, this process may serve as a valuable tool for parents. This is especially vital when we have a parent or a school push their interpretation upon the other and it fails to create implementation of what was intended within the IEP. Sometimes, what was discussed or agreed upon within the IEP may not play out as intended within the child’s school day. So the complaint process allows either a state or county agency opportunity to review the case within a neutral lens in light of the federal guidelines found within FAPE [free and appropriate education] or IDEA [Individuals with Disabilities Education Act]. I have served both sides of the complaint process, as an Education Advocate on behalf of clients as well as a Director of Special Education and I see this as an essential tool.
– DUE PROCESS: Finally, this is often perceived as the last resort within the conflict resolution process. Rightfully so. However, some of the most important changes in school law have evolved from Due Process hearings.
As a result, I would highly recommend that parents seek out the guidance of legal counsel when you are considering this process for the schools will be doing so as well. Do take note: It’s best to have a clear understanding of the legal landscape when one considers this as way to resolve any school related issue or conflict. Yes, it could be an expensive proposition but attorneys with in-depth experience will likely be able to provide you a strong assessment of your position and the likelihood of you receiving attorney fees within a prospective settlement. Think of Due Process similar to an invasive medical procedure; it’s not something you would do on a daily basis, but there may be times when the most intensive medical intervention is necessary.
