When the Partnership Breaks Down

     It is comforting to know that our education law has built-in protections to see that your child has available the services necessary to help him/her succeed. State regulations must meet at the minimum the federal regulations. They can be more, but not less, than the federal regulations.

     The Individuals with Disabilities Education Act, or IDEA, was reauthorized in 1997. Much was learned during the first 20 years of the Act. The new law is based upon the fundamental principle that children learn most successfully when place with their nondisabled peers "to the maximum extent possible". It may fall upon parents to monitor whether their child is given the necessary supports and services to be successful in a more inclusive setting.  Since more special education monies can now be directed to the regular classroom setting, each parent must oversee the provision of all assistance needed for their child's individual needs. 

      These are the keys to success: supports, services, teamwork, and a full understanding of how to make such children successful along side their peers to the maximum extent possible. Such a drastic change from isolation in "special" classes for all or most of the day will require a great deal of education for our teachers and administrators, and commitment on the part of everyone.  Successful instruction in an inclusive setting requires special expertise on the part of teachers.  That can only happen if teachers are given substantial training in the area of inclusive and multi sensory instructional techniques.

     Parents should be aware of some misconceptions that still surface. Watch  for such  phrases as, "She or he will grown out of it," or "She just needs to try harder", or "He just isn't motivated", or "He will catch up eventually." Children do not outgrow disabilities. Neither do they usually sit on one level with absolutely no progress. The very nature of learning disabilities means progress significantly below the expected level of performance. Children with disabilities do not mature and "catch up" without significant intervention and supports.

     If you believe your child is not making substantial progress, or if you are struggling to redo the day's assignments at home, it may be an indicator that an evaluation is in order to determine your child's individual needs. Hopefully the situation can be resolved on a local level, ideally within the school itself.   If your child is not successful in school, he/she has the right to be evaluated and receive any services and supports needed for success. Many districts will then write an IEP. You may wish to read about the IEP process at this site.

     Remember, time is never on the side of your  child. You have only 12 years to get that public education, except in some instances where the team may take advantage of the IDEA maximum age of 22. Those years go by very quickly. If you believe words are falling on deaf ears, there are several logical steps that will almost always lead to successful resolution of a problem. 

• You have gone to the teacher who cannot offer a resolution.


• If your child is receiving services under IDEA, or accommodations under 504, I recommend calling for a meeting of team personnel directly involved with the child's education.


• It has been my experience that at this point any issue can be resolved if the team is focused on the needs of the child and the appropriate supports needed by the teaching staff.


• If there is obvious disagreement at a team meeting, then write a Letter of Understanding and make an appointment to visit personally with the Director of Special Education. Take along any input from the teacher and pertinent testing or medical records.


• If your child has not received any special services you may request the school based assessment team meet to review the progress or problems. Ask for a timeline, or it can take a year for this team to try a number of interventions before referring to Special Ed for evaluation. If they say there is no problem and you know your child is not progressing as peers are, take any input from the teacher and any pertinent records, ie medical, directly to the Director of Special Education.
  
• If such a meeting is not possible, or would be too long in coming, send a copy of any documentation you have collected along with a letter of concern to your State Department of Education. School administration can give you that address and phone number. You can also find it online, as well as your state's special education regulations. Include any "Letters of Understanding" you have written to local personnel. Hopefully, the State can intervene and may offer mediation.


• Mediation is strongly encouraged, but it is important to know you do not have to accept mediation. You have to use your judgment on how long you have been trying to resolve the differences, how much more time your child can afford to be without services, and whether you believe the district will act in good faith following through on recommendations that come out of mediation. Mediation is supposed to take place promptly, and I would ask for a timeline on it. It certainly can be a way to clear up many misunderstandings, as long as the district is willing to carry through on recommendations and you are willing to carry through in your supportive responsibilities. My experience so far has been that if both parties were really in good faith you would not have to have gone to the State in the first place. Hopefully with the new IDEA guidelines the decisions of mediation will be more binding and districts will start using mediation truly in good faith to resolve issues.  States are working hard to develop effective, fair mediation plans.


• If you do not feel mediation might resolve the issues, you have the right to file a formal complaint with your State Department of Education or the Office of Civil Rights if it is an issue of discrimination. They can give you the guidelines for filing. 


• Usually you can start the process by writing a fairly short letter stating explicitly that you are filing a formal complaint against your school district on behalf of your child. Then follow with a numbered list detailing your concerns. This approach helps keeps you focused.  It also enables the state to address all concerns precisely as you list them. You do not want to generalize in this letter.  This is the time you would include copies of all correspondence, evaluations, IEP's, pertinent medical evaluations, etc. The clock starts ticking as soon as the State receives your complaint, and they have 60 days by law to resolve such a complaint, although in my experience they do it much more quickly than that. They will recommend mediation and should advise you, however, that you do not have to accept mediation. they should also tell you that you may postpone the complaint, drop the complaint, or ask for an investigation which means the 60 deadline for resolution goes into effect.


• It is important to include all of your issues in the initial complaint, as any new issues added later can start the 60 day clock ticking all over again.

     Hopefully, by utilizing effective communication skills and keeping good documentation you will never have to file such a complaint. However, the complaint process is still viewed as a friendly way to resolve issues by drawing on the technical assistance and expertise that State level personnel possess. It does not involve lawyers or any legal expenses for either you or the district.  The only cost is paper and return-receipt-requested postage.

Copyright by Judy Bonnell

Letter of Understanding

The information at this site is not to be construed as legal advice, and should never take the place of competent legal advice when needed. If you need a lawyer be sure to seek out one who specializes in education law.