Effective parents recognize that change  takes time, and they implement a plan to make necessary changes Do you recall the old saying, “Patience is a virtue”?  While the ability to wait calmly or to accept delay without getting angry may indeed be a commendable quality in some aspects of your life, it has no place when it comes to your child’s education.  Your child has one year to devote to each grade level, and a limited time to perfect his reading, math or social skills.  When you sense that your child is falling behind, it is difficult to stand by, patiently waiting for things to improve when there is no plan in place. There is another adage that is more appropriately applied when you realize that your child’s needs are not being met.  That is, “The squeaky wheel gets the grease.”  We all recognize that school systems are often overwhelmed in their efforts to serve the needs of many children.  Getting school administrators to focus on your child’s situation requires your persistent involvement to separate him from the pack and to obtain the individual attention he deserves. Sometimes even your persistence is not enough to positively impact your child’s program.  If you reach a stalemate with the District, your only alternative is to remove the school from the “driver’s seat.”  Let’s face it, the school will make all of the decisions until you level the playing field.  The most effective way to do this is to file for a due process hearing.  Once you file, the ultimate decisions about your child’s program will be made by a neutral hearing officer who will decide the issues based upon your child’s individual needs and the law, not on budgetary concerns. All too often, parents wait to seek additional services or a specialized placement for a child who cannot read at grade level until the child is entering middle school.  These well-meaning parents have waited patiently during the elementary school years, accepting that the school “knows best” and not challenging the District’s proposals.  This patience is not rewarded.  Obviously, the sooner a child receives appropriate services, the better chance she will have to overcome her disability.  It is essential that you become actively involved in your child’s program as soon as you sense that something is wrong, and that you seek the assistance of an advocate or attorney if you need further assistance. My practical advice concerning out-of-district placements:  Parents often come to see me in May or June with the idea that they would like an out-of-district placement for their child to begin the following September.  Please bear in mind that it will be several months before you can expect a decision through a due process hearing.  Schools will usually seek delays in hearings during the summer because of staff vacations.  In my experience, it is unreasonable to expect a decision before September in any case which is not filed by mid-April.  This can be very frustrating because the private schools usually will not hold your spot pending the decision.  Therefore, planning is critical, and I would encourage

Build a team of professionals to evaluate and advocate for your child Convincing a school district to increase your child’s services or to change his or her placement almost always requires the assistance of a professional who practices in the area of your child’s disability. Whether it is a neuropsychologist who can testify as to your child’s cognitive abilities, or a therapist to describe your child’s mental health needs, the participation of these professionals is absolutely critical to your case. If you end up at a due process hearing, I would say that it is practically impossible to prevail without the expert testimony of highly qualified professionals. Retaining experts can be expensive, and it often takes several months just to schedule an evaluation and to obtain the reports. Parents often ask me if they can go without expert assistance and if they can just testify as to their own observations of their child. I do not doubt that parents very often know more about their child’s needs than anyone they could hire. Unfortunately, however, the testimony of an expert – that is, a person with specialized training, education and experience in their field – is the most critical component of your case. School officials and hearing officers expect to hear from experts who will explain why your child needs specialized services or a different placement. If you are going to a due process hearing, it is short sighted to scrimp on the expert. How do you find qualified experts? Very often, they are the professionals who are already involved in providing treatment to your child. Other times, you may obtain referrals from your child’s primary care physician or through your insurance company. Sometimes, if you are lucky, your insurance may actually cover some or all of the costs of an expert evaluation. Special education lawyers and advocates are also a good resource to help you find experts who have experience testifying in these types of cases. One important piece of advice: make sure that you ask anyone who provides care to your child if they are willing to testify at a hearing if it is necessary. Be aware that many physicians and other providers do not want to testify and will decline to do so. If they will not agree to testify, you may want to reconsider using their services. Recently I was informed by a psychiatrist at a major Boston hospital, who has treated my client for years that he will not be permitted by “hospital policy” to testify at an upcoming hearing. Even though this psychiatrist has written an excellent report, my case will be severely weakened if he ultimately refuses to appear to actually testify before the hearing officer. Expert testimony is critical to success at a hearing, and you do not want to find out when it is too late that the professional who has been working with your child will not take the time to provide the support that is needed. It is important to

Maintain a cordial and professional relationship with school staff It goes without saying that maintaining respectful and cordial relations with school personnel – even if you disagree on the issues – is a worthy objective. Effective parents know that their relationship with a school district may last 12 years or more, and the way in which they choose to communicate with school officials may well impact their child’s education. Email seems to have become the most common method of communication between parents and teachers and school administrators. While the simplicity and convenience of an email cannot be matched, the down side is that, all too frequently, an email is sent impulsively or when the sender is angry or frustrated. As a result, many parents – and school officials – have been embarrassed when called upon to explain inaccurate or disrespectfully written communications. Effective parents read and re-read each email before hitting the “send” button. They realize that their written correspondence is a reflection on their character and credibility. They know that all communications – written and verbal – must be courteous, professional and accurate and should never contain any personal attacks. They don’t allow personal animosity to cloud your judgment. Effective parents also allow school professionals the opportunity to do their jobs. They know that, if a parent is uncooperative or interferes in an inappropriate manner, a hearing officer may eventually decide that the parent’s actions undermined the school staff’s ability to educate the child. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Share information with your child’s teachers and team Parents are often frustrated by a school’s failure to conduct thorough evaluations using qualified professionals. Discouraged by the school’s failure to evaluate, many parents hire their own experts at significant personal expense to complete the testing and to provide recommendations for further accommodations and services. Most privately retained experts will write comprehensive reports detailing their findings and recommendations. Medical providers who treat children with special needs also create detailed records describing the child’s disability and needs. Particularly in cases involving emotional disabilities, these records may contain very sensitive and confidential information about the child and the child’s family. I am often asked by parents whether they must disclose the reports of privately retained experts or sensitive medical records to the school. With few exceptions, my answer is, yes. Generally, all records must be disclosed if the parent expects the school to provide services in compliance with the expert’s recommendations. Further, if the parent intends to use the information contained in the reports as evidence at a due process hearing, the documents must always be disclosed. It is important to bear in mind that the District has the responsibility to provide the child with a free appropriate public education. The District cannot be expected to satisfy this obligation if it is not provided with all information necessary to make important decisions about the child. Furthermore, if the parent intends to go to a hearing, the District will have the opportunity to participate in “discovery,” which is a process that allows the District to subpoena virtually all information relating to the child. If a parent requests a hearing before providing all information to the District, it is likely that the entire process will be stopped to allow the team to reconvene to consider the new information. Many hearings are lost by parents when the District proves that the parent’s lack of cooperation interfered with its ability to assess the child’s needs. Your ability to demonstrate that you have fully cooperated with the District and that you have disclosed all relevant information for the team’s consideration is a critical component in a successful due process hearing. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

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.