It is Important to Maintain Accurate, Complete and Organized Records  Typically, a child attends school for several years before his or her parents decide to challenge the special education services or placement which have been proposed by the school district. During this time, there are countless meetings, letters and emails with teachers, as well as numerous evaluations, multiple IEPs and years of progress reports, report cards and test results. Each of these documents provides valuable information about the child’s disability and the school’s response to the child’s needs. As part of my assessment, I review each document carefully so that I have a full understanding of a child’s needs. Effective parents recognize the importance of maintaining their child’s records in an organized manner. It is a nightmare when a parent comes into my office carrying boxes of unorganized papers, sometimes unsure whether the last evaluation is included or whether the last proposed IEP was accepted. While it certainly takes some effort, collecting and organizing your child’s records will save you money and improve your child’s case. When I have to spend hours organizing papers or, even worse, communicating with the school or providers to find missing documents, we charge for our time. This is not the best way to spend your money. More importantly, special education cases are usually won based upon evidence contained within the child’s records. While the school will have a copy of most records pertaining to your child, you simply cannot rely on the school to find and produce all the documents you may need. Letters and emails in particular tend to disappear if you have not maintained a copy. In my experience, effective parents develop a system of binders or folders divided into categories to keep all records relating to their child. These categories should include, at a minimum, the following items: (1)        all correspondence (including emails) with the school relating to your child’s performance; (2)        all evaluations, whether done privately or by the school; (3)        signed copies of all IEPs and the documents relating to the development of the IEP, including minutes, notes and attendance rosters, as well as signed rejection pages and letters; (4)        all progress reports, test scores and report cards; (5)        the parent’s notes concerning team meetings and other interactions with the school; and (6)        samples of the child’s work. Maintaining and organizing your child’s records will save you money and, most importantly, will strengthen your child’s case. It’s well worth the time to do it now, rather than attempt to recreate the record years later. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Understanding Special Education Rules and Regulations Special education laws and regulations are numerous and complex. Even those of us in the business of representing children with disabilities must study and attend seminars to keep abreast of the changing laws and decisions. So, what is a parent to do? Effective parents make an effort to have at least a fundamental understanding of basic special education rights. Some parents may obtain this knowledge by simply reading notices of rights provided to them by the school through the special education process, while others who are more ambitious become involved in groups or take advantage of the numerous websites designed to educate parents. Effective parents recognize the importance of seeking advice before making major decisions about their child’s education. When they are unsure of the consequences of rejecting an IEP or when they are questioning whether to allow the school to evaluate their child, they seek guidance from knowledgeable professionals. Parents who successfully navigate the special education process know that there are many requirements which, if not satisfied, will undermine their efforts to advocate for their children. As just one example, parents who place their child in a private school without providing the requisite notice to the school district will not be entitled to reimbursement. Effective parents are aware of what I believe to be the most important rule in special education: Do not sign any document unless you completely understand what it means for your child. Never, ever give in to the often not-so-subtle prodding of school administrators that a form which you do not understand “needs to be signed today.” Believe me, in my years of practicing special education law, I am not aware of any form that requires an immediate signature. Effective parents take the time to review all forms in the comfort of their home and to carefully reflect on their decision, and they seek advice if they do not understand the consequences of what they are being asked to sign. I cannot count the number of parents who have come into my office to complain about their child’s services, only to hand me an IEP which they have signed and accepted just days before. I have met with parents who have even signed forms agreeing to send their child to a 45-day diagnostic placement, not having any idea that it meant that their child would be transported to another school miles away and placed with other children who the parents believed were totally inappropriate. This is not intended to be critical. Parents naturally want to be trusting and cooperative, and are often embarrassed that they don’t understand the process. Effective parents realize that the special education process is very complicated with many federal and state laws, rules and regulations, and that they best serve their children by becoming as familiar as possible with their rights and by seeking guidance when necessary. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Parents are usually the first to realize that their child is struggling in school or that something is “just not right.” Effective parents trust their instincts and seek evaluations to address their concerns, even when they are assured by teachers that “everything is OK.” I cannot begin to count the number of cases that I have had in which the school ignored the parents’ concerns about their child’s inability to read, for instance, until, several years later, when the child is finally diagnosed with a learning disability. Parents who advocate successfully for their children realize that they play a central role in obtaining an accurate diagnosis of their child’s disability. They request evaluations through the school or obtain independent educational evaluations and, when needed, obtain private evaluations from highly qualified professionals. Effective parents realize that their work is not finished by simply obtaining a correct diagnoses. They know that diagnosing a disability is just the first step in the process, and that they must continue to advocate by convincing the team to recognize the diagnosis and to provide the special education services that have been recommended by the evaluators. Unfortunately, it is not uncommon for a team to decline to accept a diagnosis provided by a private evaluator, which oftentimes leads the parents to my office for legal representation. Even when a diagnosis is accepted and services are scheduled under an IEP, effective parents know that they must be diligent in ensuring that their child’s teacher is aware of the diagnosis and the child’s entitlement to services. It happens far too frequently that a teacher expresses ignorance of a child’s IEP several months into the school year. Effective parents use the first parent-teacher conference or a quick note or e-mail to ensure that the teachers are aware of the child’s needs. It is important to be aware of your child’s disability as early as possible and to help inform all member’s of your child’s educational team as well. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Through our work with parents of children involved in the special education system, we have seen what traits Here is the first in a series of tips on navigating the special education system.  Trait # 1: Effective parents are involved in their child’s education. Hopefully, for every child, there is no one who is more knowledgeable about his or her strengths and weaknesses and more committed to his or her success than a parent. The federal statute that governs special education – the Individuals with Disabilities Education Act (IDEA) – recognizes the importance of parental participation in the educational process by designating the parents as members of their child’s team that makes all special education decisions. Effective parents see themselves as equal partners with their child’s teachers and school administrators, and they work to strike a fitting balance between unproductive “hovering” and appropriate participation in their child’s education. Effective parents trust their child’s teachers but they don’t trust blindly. They realize that they have a responsibility to speak for their children to ensure that all staff members have an understanding of their disabilities and the best ways to address their needs. They recognize that it is important for them to be active participants in team meetings, contributing information and questioning decisions that they don’t understand. Effective parents ask questions when their child’s progress seems minimal or non-existent. They expect but don’t assume that service providers are qualified or that services are being delivered in compliance with the IEP, and they ask questions when they have reason to do so. Effective parents find many ways to be involved in their child’s educational program. Certainly, attendance at parent-teacher conferences and participation in team meetings are musts. Many parents also volunteer in school and join special education councils and groups. They also know that simply talking to their child about his or her school day provides a wealth of information that is likely not available from any other source. As in all worthy endeavors, information is the key to success, and effective parents both provide and obtain information about their child’s educational progress through watchful participation.   Written by: Jeffrey Sankey     For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Navigating the Special Education System Advocating for children in the special education system can be a frustrating and overwhelming experience for parents. Parents of children who require special education services quickly learn that they must be attentive and zealous advocates to help their children obtain the supports and placements that they need to make meaningful educational progress. When the system works in a way that allows a child to reach his potential, it is extremely rewarding for parents to see that their advocacy made a difference. Over the past decade I have worked with hundreds of families to help them obtain special education services for their children. Through my work with these families, it has become obvious to me that those parents who are best able to navigate the intricacies of the special education process share several common traits. Many articles have been written by attorneys –including me – that list the common mistakes made by parents in seeking special education services. In this series of articles, I want to take a more positive approach by describing the most productive qualities and practices of those parents who I have seen most effectively advocate for their children. Below are links to a series of tips on navigating the special education system. Trait # 1: Effective Parents are Involved in Their Child’s Education Trait # 2: Effective Parents are Aware of Their Child’s Disability and Their Strengths and Weaknesses Trait # 3: Effective Parents Have an Understanding of Special Education Rules and Regulations Trait # 4: Effective Parents Maintain Accurate, Complete and Organized Records Trait # 5: Effective Parents Cooperate and Share Information with their Child’s Teachers and Special Education Team Trait # 6: Effective Parents Maintain a Cordial and Professional Relationship with School Staff Trait # 7: Effective Parents Build a Team of Professionals to Evaluate and Advocate for their Children   We will be posting 10 traits in this series of articles, so please check back for more “traits of effective parents” in the coming weeks.   For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.