Vent: school systems, IEPs, and parents (super long)

[rjthkids]

About the IEP meeting- I have no say and I understand that but at least I can try to figure out possible solutions to suggest to the parents. They have been dealing with school districts for 6+ years to get her services and I still feel more educated then them If they need to have this meeting anyway and I can be present, I think it would be a huge help to the parents to have that support there.

Honestly, if the school district is resistent to providing additional services, it would be far better to have an educational advocate there. I am not trying to be rude at all, honestly but as an educational advocate, I can tell you that unless you are extremely knowledgeable about federal education laws, this child's specific clinical needs (and I don't mean in a general "she needs more help way", I mean in having an intimate, working knowledge of her specific clinical OT, ST, PT needs and the specific therapeutic approaches that work best for those needs), and North Carolina's specific education statues, a school district is not going to take your participation seriously. This is not to say that being there to provide support to the parents is inappropriate, but if you end up doing a lot of the talking, your words don't carry any weight as you are not a member of the IEP team. And even if you are extremely knowledgeable, as you do not live in state and would not be a consistent player, there is nothing you can do about it if they choose to ignore your words.

An educational advocate has legal authority to act on the behalf of the family. They have a specific expertise in special education law and if the parents are unhappy with the results of an IEP, an educational advocate can initiate the appeals process, represent the family before the school district's appeal board, and if necessary sue the school district in court if the family is still not satisified. School districts pay *very* close attention when an educational advocate is part of an IEP process because of the power to sue. It is very costly for school districts to be sued and most of the time they will avoid it at all costs and even grant concessions they are not legally obligated to, in order to avoid a lawsuit while they can carry on the status quo with everyone else. I have seen very diligent parents also be able to fight this type of battle without an educational advocate with success. But, unless you are invested with the authority to act on these parents behalf, no amount of passion or zeal on your part will affect much. Parents can choose to grant educational guardianship to other parties, but as you do not live in the same state, you would not be eligible.

I strongly suggest you offer to help the parents find an educational advocate. If money is an issue, there are many organizations that will provide these services for free, *especially* law schools. Some of the best educational advocacy I have ever seen has been from enthusiastic law school students who had the time and enthusiasm and extremely small caseloads to really focus on each individual child. I handled the really complex cases in our office, but with almost 400 kids to monitor, I often encouraged parents to use the Boston University law department and there is not a single parent who used them who did not get what they wanted for their children.

 

[Forevryoung]

I strongly suggest you offer to help the parents find an educational advocate. If money is an issue, there are many organizations that will provide these services for free, *especially* law schools. Some of the best educational advocacy I have ever seen has been from enthusiastic law school students who had the time and enthusiasm and extremely small caseloads to really focus on each individual child. I handled the really complex cases in our office, but with almost 400 kids to monitor, I often encouraged parents to use the Boston University law department and there is not a single parent who used them who did not get what they wanted for their children.

No rudeness taken I asked for opinion and I got yours Thank you SO very very very much for your suggestion. Money is a huge issue and I will call the parents and get them the numbers for NC State and Duke (two closest universities that probably have law schools). If I do the legwork for them then they cant automatically say no. They have a bad habit of making "its too expensive" and "I dont have the time" excuses

I know I wouldn't carry any weight in a meeting but maybe having support behind the parents would get their butts moving. I will see what I can do about getting an advocate.

 

[mlwear]

So true- 5th grade is a huge year and if she has to repeat it then so be it BUT she should have all the supports in place on the FIRST try- not just the second. She has extreme difficulty "reading to learn" because she has short term memory issues but I dont think anyone (in the school system) has helped her find a way to combat the issues. I wish I could teach her myself but I am too far away. She has trouble with common sense things. I guess I just dont want to see her emotionally destroyed because everything wasn't done by the school system and her parents. I understand that sometimes these things are necessary and life isn't always fair

About the IEP meeting- I have no say and I understand that but at least I can try to figure out possible solutions to suggest to the parents. They have been dealing with school districts for 6+ years to get her services and I still feel more educated then them If they need to have this meeting anyway and I can be present, I think it would be a huge help to the parents to have that support there.

I do think (and have experienced) that when some schools are anticipating that the child will repeat the grade they don't try as hard with supports. It's like they have already given up on the year before it has even started. I know this can't be true in all cases, but something to keep on the radar.

Definitely a professional advocate is the best route and seems needed. But, if the parents aren't going to do that, you are better than nothing. You have knowledge of the child. You have knowledge of the Federal laws. Some schools would just need to know that if they mess up that you will be down in NC in a couple days time helping those parents navigate the system. Feel free to correct me or have a different interpretation, but I believe you can be part of the IEP team. Unless new IDEA laws have changed it, Sec. 300.344 IEP Team (describing the make-up of members) "at the discrection of the parent or the agency, other individuals who have knowledge or special expertise regarding the child including related services personnel as appropriate:" I have brought my sister to IEP meetings and she has been included as a member. (She is a teacher, however, in a neighboring county). I put a lot of people on my son's IEP team. Granted, most are professionals such as a county social worker and a private psychologist, but I have used his preschool teacher who now works in a different school district. When the parents give your title for the IEP meeting, they can just say advocate. You may not be a professional, but you are advocating for the child. Let the school assume that the parents have stepped it up a notch. I know the school assumed that the old preschool teacher was a paid advocate. I didn't tell them that, but if that's what they want to think. I have always been told to never go to an IEP meeting alone. If needed, grab you next door neighbor. I don't know if he/she would be part of the team, but you need to have someone else there. But, as I wrote before, I think what may be most appropriate would be a team meeting with special ed, reg. ed, OT, and whatever other services she gets while you are there and go over how they are implementing the IEP. This would be helpful, also, if you have to help her find an advocate to explain what is going on precisely.

As far as OT goes, I hate to even go there...I get so frustrated. Serives here are so stingy that they really work it to not provide them. They have failed my older son miserably. But, time and again I have heard parents say that they have to argue that the skills that they want taught they have to convince are needed for educational purposes. For example, in order to teach a child how to button and zip, the parent must say the child will have to use the bathroom at school. In order to teach the child how to use utensils, the parent has to argue that the child has to eat lunch at school. With the invention of slip-on and velcro shoes, I do not know of anyone at our school that has been taught to tie shoes even though it is listed as one of the "should be able to do by the end of Kindergarten". Tying shoes is not educationally necessary. AARRRGGGG!!! That is the kind of stuff that burns me up.

Anyway, good luck. So many on the board have given great advice and have wonderful insight. It has been quite educational reading the responses.

 

[Forevryoung]

mlwear- I believed that was the case about the federal law that I could sit in and be a part of an IEP meeting. I dont care what they think of me- I just want them to think that someone is going to put up a fight.

OT services are rough to come by but as I have posted before, PT has declared that there is no use providing maximum services because she will never improve due to her CP (I highlighted the sentence in the report and told the mother that if something wasn't done to change it that she should throw a fit). I think that is the dumbest reason not to provide services to a child (at the time she was 8).

I am going into speech-language pathology and I am sure I will sit on many school IEP meetings in my career. My experiences and this board have opened my eyes to many situations.

 

[SueM in MN]

mlwear- I believed that was the case about the federal law that I could sit in and be a part of an IEP meeting. I dont care what they think of me- I just want them to think that someone is going to put up a fight.

BUt, you do have to be invited by the parents - or the child's if she were over 18 and her own responsible person (not necessarily ahead of time - they just have to be willing to say at the meeting that you are there at their request).