When they throw an IEP Party and Nobody Comes

For the first time ever, I went to an IEP meeting with a client and the educational team wasn’t there. Details on the communications snafu are being investigated by the big boss, but I thought it useful to write up how we handled it, just in case it happens to you.

The resource room teacher greeted us and started calling administrators, program managers and visiting classrooms. Turns out nobody knew there was a meeting scheduled, except the resource room teacher. As the advocate, my best course of action was to document the event, and then let the big boss at the district office know there’s a series process problem in his organization. I dialed his number, got him on the phone, informed him of the situation (of which he assured me he was already aware) and got his agreement that there would be an IEP meeting scheduled immediately. The urgency for the family to have this meeting and plan for the child’s transition to a new school was also important for me to communicate.

The resource room teacher documented that we were there and what had happened. The client and I requested and received a copy, and the whole thing was over in 25 minutes. That’s about all you can do.

On the bright side, client put in writing her request to have key players from new school attend subsequent meeting. I assured the client that the chances of this happening again were right about zero now because we’ve gotten their attention. These things happen; knowing how to handle them unemotionally and professionally is the key skill to learn.

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Attention Parents: Educators are Not the Experts of the Individual with Disabilities Education Act of 2004. You Must Become the Expert!

Attendees at my “You Gotta Know the Rules if You’re Gonna Play the Game” seminars have heard me say this, but here’s a few examples of what the words in this blog post title really mean.

I’m quoting administrators and educators in San Francisco Bay Area school districts below. These are things that have been said in IEP meetings I attended with client families in the last 2 months. All of these statements are false. They serve as further proof of what you’ve heard me say: your child’s educators and administrators cannot be relied upon to know the contents of IDEA 2004. You must know it and do your part to educate them on the misunderstandings that exist in their minds and throughout the school culture:

– “The school must provide all services during regular school hours.” (stated by a district’s IEP compliance officer)

– “There is nothing in the educational code that requires we build a unique program for every child with a disability. We’d never have the resources to do that.”  (stated by a high-level administrator)

-“We can only write IEP goals that we know we will meet.” (stated by an administrator with nearly 20 years experience)

The way we handled the first and third statements of factual inaccuracy during the meeting was by challenging the person that spoke the words to “please find that language in the federal statute,” then sliding the Wrightslaw Special Education Law book across the table.  Of course they couldn’t find it because it’s not there!

The way we handled the second statement was by reading aloud, for the benefit of the entire IEP team, the definition of special education from the statute. We then asked the administrator if he cared to revise his statement based on this new information and he only replied with “Thank you for reading the definition to the IEP team.”

That’s parent-led advocacy, that’s teamwork, that’s getting the meeting refocused on the unique needs of the child!

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5000 School Psychologists’ Reports Surveyed….the article

Those of you who have attended my seminars have heard me refer to this Wrightslaw article and the subject study of 5000 school psychologists’ reports. This article is a MUST READ for every parent with a child with a disability of any kind, especially if you’ve been made to feel it’s all your fault. If you’ve ever been led to believe that the school, the teachers, the administrators, the principal, the specialists, etc have no need for improvement when it comes to your child’s educational program, then this article is for you. It’s titled “The Blame Game! Are School Problems the Kids’ Fault?” Be warned, many react very emotionally to this article because it’s all happened to them, but the insight that it provides into school culture is quite invaluable.

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Behaviorial problems and Suspensions of Children with Disabilities

The topic of suspensions of children with disabilities has been heavy on my mind lately. Apparently it’s common practice for teachers and principals to treat children with disabilities, with IEPs in place, as if they had no disabilities or IEPs.  By that I mean they simply read the education code about discipline procedures and apply it immediately, with complete disregard to legal protections in place for this student population. In doing so, they demonstrate once again, their non-exposure to federal or California law about processes that apply to children with disabilities who require discipline.

Don’t let this happen to your child! Know what IDEA and California codes say about what a district must do when behavior problems are such that suspension (or expulsion) are real possibilities.

From the Community Alliance for Special Education (CASE) book titled, “Special Education Rights and Responsibilities,” chapter 8 “Information on Discipline of Students with Disabilities”, we see clear guidance that is not well known by administrators, principals and teachers. Print it out and give it to them – you’re doing them all (and your child) a favor!

Question 24. My child has behavior problems that may put her at risk of suspension and/or expulsion. Are there any special services or protections that apply to her?
In 1990, the California Legislature enacted Assembly Bill 2586 (Hughes). This bill, and especially its accompanying regulations at Title 5, California Code of Regulations (5 C.C.R.) Sections 3001 and 3052 have substantially changed the way school districts must serve special education students with serious behavior problems. These regulations do not apply to students who are only identified as “disabled” under Section 504 or to any other students. [*Grace’s note: yet another reason to ensure with child with a disability has an IEP, not a Section 504 plan!]
If your child is enrolled in special education and exhibits a serious behavior problem, the district must provide a functional analysis assessment by a behavior intervention case manager — who must have training and experience in positive behavior intervention. The behavior intervention case manager must develop a positive behavior intervention plan which:
(1) Identifies the function of the negative behavior for your child and
(2) Teaches him positive replacement behaviors that accomplish the same objectives but in a socially appropriate way.
A “serious behavior problem” is a behavior problem which:
(1) Is self-injurious or assaultive;
(2) Causes serious property damage; or
(3) Is severe, pervasive, and maladaptive and for which instructional/behavioral approaches specified in the student’s IEP are found to be ineffective.
[5 C.C.R. Sec. 3001(aa).]
When agreed upon by the IEP team, the positive behavior intervention plan becomes part of your child’s IEP. It must contain goals and objectives specific to the targeted behaviors, and it must describe the services to be provided in order to achieve the goals and objectives. [5 C.C.R Sec. 3001(f).] The behavior interventions selected by the case manager must be positive. That is, they must respect your child’s dignity and privacy, assure her physical freedom, social interaction, and individual choice, help her learn to interact effectively socially, assure her access to education in the least restrictive environment, and result in lasting positive change. [5 C.C.R. Sec. 3001(d).]
Positive behavior interventions shall be used only to replace specified negative behaviors with acceptable behaviors and shall never be used solely to eliminate maladaptive behaviors. [5 C.C.R. Sec. 3052(a)(2).] In other words, districts should not use techniques that simply contain or suppress maladaptive behaviors — they must simultaneously try to teach appropriate substitute behaviors.

Additionally, there is clear language in IDEA 2004 on what school districts are required to do when children with disabilities exhibit behavioral problems. It’s especially important to be aware of this language and your child’s rights, long before the child is started down the path of suspension, manifestation determination and expulsion.

Wrightslaw maintains an excellent depository of information specific to Behavior Problems & Discipline. You may want to start with this Frequently Asked Questions Document from the Office of Special Education.

Be sure to read the information about Functional Behavior Assessments (FBA) and Behavior Intervention Plans (BIP).

You and your child would be well served to request, in writing, a Functional Behavior Assessment at the very first sign of behavior trouble in school. From that a BIP is developed, with specific intervention strategies based understanding the root cause of the behaviors.

From that, the child can be taught appropriate behavior substitutions so that the behaviors are nipped in the bud and do not escalate. To reverse and minimize these types of behaviors requires these intentional, methodical steps. You as a parent must lead the IEP team down this path with your knowledge to save yourself and your child years of hard times in school.

Otherwise, there’s a high potential for escalating behaviors that are never understood, leading to suspensions and beyond because the people in your child’s school simply do not understand what the law requires them to do. Here’s your chance to become the expert, bring information to the IEP team, and help them avoid a non-compliance situation later.

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NBC 11 TV Interview: Latino Leadership Summit on May 15th

On a recent “Comunidad del Valle” show, Damian Trujillo featured the organizers of this inaugural event: Frank Carbajal, Margarita Quihuis and me.  Did you catch it?

After we talked about the upcoming summit, the family of Cesar Chavez came on to promote the musical about Señor Chavez’s life. What an honor to visit with his sister Rita and his nephew Rudy! The musical, “Let the Eagle Fly“, runs through the end of March in San Jose. Will I see you there?

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Verifying a teacher’s credentials

The California Commission on Teacher Credentialing maintains a database for public use.

Once there, click on the Search for Credential for a Public School Teacher link and type in the teacher’s first name and last name. Remember the example I gave you in the March seminar about searching for the name the teacher used, not finding her there, then learning later that she used a different name on her certificate.

If you don’t find the teacher in question using the name she/he uses, please just ask the question: “What name did you use on your teaching credential? I’m doing a little research on several of my child’s teachers and want to be sure I can find you.”  That’s it.

No Child Left Behind required “Highly Qualified Teachers” in every classroom. Verifying a teacher’s credentials is part of the parental “right-to-know” language. Bookmark the link and use it anytime placement changes are being discussed, ideally BEFORE they happen.

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Prior Written Notice (PWN)-a Powerful Tool When Skillfully Used

You’ll want to read this Wrightslaw post about Prior Written Notice (PWN)  and article and print out several copies of this nice little form with you.

Whenever you ask for something in an IEP meeting (as assessment, a placement change, any program changes) and someone says quickly says “no”, justs whip out this form, fill it out and get the district representative to sign it once it’s completed.

It’s a game changer.  The law requires a written record of actions proposed by IEP members and you, as a parent, are one.

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Patient Money – Nudging Schools to Help Students With Learning Disabilities

Great NY Times article

Read about one family’s struggle (and ultimate success) to get their child a “free and appropriate education.

Parents: it’s really up to you to learn the law, learn how to exercise your rights and be the long-term advocate for your child. I can help you get started.

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Special Education Seminar #5 Set for March 22nd

  • See what parents are saying about this seminar.
  • Attend the next one to get valuable knowledge and first-hand insight into the organizational culture of school districts.
  • Armed with knowledge of special education law, your legal rights, and how school districts operate, you can then effectively partner with educators and administrators to ensure your child receives educational benefit.
  • Learn directly from an advocate who is also a mother of a child learning and thriving in the special education system.
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The Greening of America: Hispanic Environmental Advocates Take the Lead

The Greening of America

My feature article in the Fall 2009 issue of Hispanic MBA Magazine has been published! It was distributed at the National Society of Hispanic MBAs conference in Minneapolis in October. It generated lots of buzz about the innovators, innovations, organizations featured in the article.

Are you directly involved in creating, launching, funding or using real innovations in the new green economy? If so, please email me at grace AT gracefullyglobal DOT com. Also let me know if :

  • You know someone I could interview for the book
  • You want to keep up on the progress towards the book deal
  • You want me to speak to your organization about the fascinating people and compelling innovations featured in the article.

Thanks for your interest in this topic, the article and the book-to-be. Enjoy the article. I would love to hear from you after you read it.


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