Special Education Law Blog

Virtual Law Office to Allow Parents Access to Legal Representation

I am proud to announce that today I have launched the first virtual law office that represents parents of special needs in the area of special education law and guardianship! (This virtual law office will be in addition to my bricks and mortar office in Northbrook, Illinois.) The access point for my virtual law office is my website foxspecialedlaw.com.

Just a few months ago I read about a new concept in the practice of law--Virtual Law Office ("VLO").  As I looked into VLO, I realized that this new way to practice would allow my office to more effectively represent parents nearby, and provide access to those families who are outside of more urban centers who otherwise have not had access to legal services at all. The concept is to offer full service, and more limited representation (the new term is "unbundled services") but still effective legal services (e.g. counseling prior to a meeting, reviewing letters and input statements). I have had numerous encounters with parents where I have given them some critical advice on the phone or reviewed a document that has changed the course of an upcoming meeting in favor of the parent. 

School District's Gathering Information on Parents

School district's frequently surprise me with the depth and scope of knowledge that they have on parents.  A typical first conversation I have with opposing counsel goes something like: "are you aware of the fact that the parents are on the verge of divorce, mother takes valium and they are nearing foreclosure, so I am concerned that any settlement we enter into will not be viable because of residency issues!" Quite remarkable and far beyond information that should ever be within the ambit of a social developmental study, but this type of information comes to me on a regular basis.

Emergency Evacuation Should be Part of the IEP

One of the most overlooked parts of an IEP is what happens in the event of a fire or  natural catastrophe and students need to be evacuated from school building. For me personally, the thought is always an issue of accessibility but that is not the only issue. Some time ago, I represented a child in a Early Childhood program who had a terrible fright reaction associated with loud noises, and fire alarms certainly fell  into that category. According to her mother she could run and hide when faced with loud noises, and could very hard to find or even run out of the building; both situations present obvious and extreme dangers.  

Comprehensive Accomodations Manual is a Good Reference for Your Next IEP and for High Stakes Testing

At too many meetings issues related to accomodations and modifications get short time and little attention. If it is not on the computer IEP drop down menu or check list chances are good that there will be little to no discussions of the individual needs that your child/student has for particular accomodations.  This back of the IEP list of supports can be as important and sometimes more important than the goals or even the services. It is important to remember that for purposes of high stakes testing (e.g. SAT and ACT) if there has not been a history of the IEP containing accomodations that have been in fact accessed the student will likely not get support from ETS. It is important to document the need and use of accomodations years prior to taking high stakes testing.  The following is a very comprehensive and well organized manual of accomodations and modifications that is a useful reference as you get ready for your next meeting. Download AccommodationsManual.pdf.  See ETS research report on testing accomodations for writing . 

With the ACT and SAT testing coming up, many students have applied for testing accomodations. Some will be denied. You may want to consider using these resources from ETS to fashion an appeal. but it can be hard to get them to change their position.

 

Words of Wisdom for (and at) IEP Meetings

IEP meetings should be wonderful team building endeavors.  Therapists and teachers wouldn't argue with parents that children don't actually need more therapy, functional academics, or to eat or drink during the day.  Classrooms would be inclusive and progress on goals would be phenomenal. 

For example, at a recent meeting I expressed that it would be beneficial for my client to use his gait trainer (which would be provided at no cost to the district) for 30 minutes everyday in the hallways.  I was then told by the physical therapist that this was not a functional goal for him, and not part of his IEP.  I suggested we develop a goal for walking to a peer, teacher, or place in the school.  Than I explained how walking is a functional goal for the student.  All along I had thought that the physical therapists knew that walking was functional.  Tip #1 assume nothing.

Steps towards Making a Strategic Plan for Your Next IEP

The following is derived from several presentations that I have made over the last few years.  I follow these steps as a matter of course. It has been my experience that following these steps will significantly increase the potential of reaching successful outcomes for your student/child.

Special Education Directors Do You See Yourself?

This cartoon would be very funny if it were not so true. Maybe school personnel should check it and see themselves especially in this era of RtI.

TASH Call-In Needed to Support Restraint and Timeout Bill on February 26,2010

Below is an announcement from TASH for a national call-in to Congress to support the pending bills H.R. 4247, S. 2860  governing use of restraint and timeout.

New I-Phone Application, IEP Checklist, A Great Tool for Parents by Nicole T. Jorwic

Going into an IEP meeting can be an intimidating thing for any parent, even when they have an attorney or advocate in their corner. Feeling that you are on a level playing field with the school could provide peace of mind.  The new I-phone application, the IEP checklist, would provide that peace of mind. The application was created by the Parent Educational Advocacy Training Center, a Virginia center that’s part of a national network of special education parent information and training centers funded by the Department of Education. This new app is so cool and should justify the purchase of an I-phone, if just for the look on the school personnel and their attorneys faces.

This application allows you to look up everything from notification time requirements, to scientifically-based research, and it leads you to a brief description and lists the section of the IDEA that addresses each issue. This is a great tool to balance the powers between the school districts and families. The application allows you to take notes under each section to keep your thoughts organized. You can also save your notes in the application in order to refer back to them at another time or at the next IEP meeting.  Next we need a goal writing app and apps for literature that applies to your child's/client's disability.  School districts that would take advantage of unsuspecting parents have been fairly warned that parents are now fully loaded with the law for their next meeting.

Getting It in Writing Easier Said Than Done?

The standard legal advice is to get it writing and specifically written into the IEP. Well in some district's as a matter of policy or practice that is not so easy since the school personnel hold the IEP for final administrative review (revision and editing). Here is a fellow blogger that discusses at length how districts refuse to produce the IEP at the end of the meeting for weeks and even months. This blog refers to this practice, as a legal loophole, because the law does not state when the document must be provided to parents. While the law does not state a definite time frame to provide the IEP, it is safe to say that a reasonable time is implied. I believe that  most schools would be hard pressed to explain to a hearing officer or a SEA why the document was not produced the following day or at the most 2 says later.