parent rights a copy at every iep a copy at every iep not always written in easy to understand...

PARENT RIGHTSPARENT RIGHTS

A copy at every IEPA copy at every IEP Not always written in easy to Not always written in easy to

understand languageunderstand language They can be a lot different from what They can be a lot different from what

is stated at the IEP meeting.is stated at the IEP meeting.

THE RIGHT TO PARTICIPATETHE RIGHT TO PARTICIPATE

You are a necessary IEP team member You are a necessary IEP team member – they cannot have an IEP without you – they cannot have an IEP without you under most circumstances. 20 U.S.C. under most circumstances. 20 U.S.C. § § 1414(d)(1)(B)(i).1414(d)(1)(B)(i).

You must also be present for ANY You must also be present for ANY meeting that discusses the meeting that discusses the educational placement of your child. educational placement of your child. 34 C.F.R. § 300.327.34 C.F.R. § 300.327.

THE RIGHT TO PARTICIPATETHE RIGHT TO PARTICIPATE

Your rights extend to more than mere Your rights extend to more than mere presence at the meeting.presence at the meeting.

You must be informed of all options.You must be informed of all options. This includes:This includes:

The full continuum of placementsThe full continuum of placements All in-school and non-public optionsAll in-school and non-public options An opportunity to observe placementsAn opportunity to observe placements

PRIOR WRITTEN NOTICEPRIOR WRITTEN NOTICE

The name Prior Written Notice is a bit The name Prior Written Notice is a bit of a misnomer.of a misnomer.

Most of the time, PWN comes AFTER Most of the time, PWN comes AFTER a request has been made. a request has been made.

Requires the District to Put their Requires the District to Put their Proposal or Refusal in Writing.Proposal or Refusal in Writing.


The PWN must have certain contents The PWN must have certain contents (34 C.F.R. (34 C.F.R. § 300.503) including:§ 300.503) including: A description of the proposed or refused A description of the proposed or refused

actionaction A description of each evaluation, record, A description of each evaluation, record,

or report, relied upon in making the or report, relied upon in making the decisiondecision

An explanation of WHY the District is An explanation of WHY the District is taking the actiontaking the action


The PWN must have certain contents The PWN must have certain contents (34 C.F.R. (34 C.F.R. § 300.503) including:§ 300.503) including: A statement of procedural safeguards.A statement of procedural safeguards. Sources for parents to contact.Sources for parents to contact. A description of other options A description of other options

considered and rejected.considered and rejected. Any other factors.Any other factors.


Note takers at the IEP are always District Note takers at the IEP are always District employees, and their notes are often employees, and their notes are often slanted in favor of the District.slanted in favor of the District.

Use the PWN requirement to get requests Use the PWN requirement to get requests and responses in writing from the and responses in writing from the District. District.

PWN must be provided within a PWN must be provided within a “reasonable” time. Usually within a week “reasonable” time. Usually within a week or two is considered acceptable.or two is considered acceptable.

CONSENT/REFUSALCONSENT/REFUSAL

A Parent’s most potent weapon. A Parent’s most potent weapon. The District cannot implement any The District cannot implement any

change in services, or any special change in services, or any special education at all, without your education at all, without your express, written consent. Cal. Educ. express, written consent. Cal. Educ. Code § 56346.Code § 56346.


The District cannot assess or evaluate The District cannot assess or evaluate your child for special education without your child for special education without your consent.your consent. Different from tests all children take or Different from tests all children take or

“screenings.” “screenings.” The District cannot force special The District cannot force special

education on a parent. If a parent education on a parent. If a parent refuses all special education services, refuses all special education services, the District can’t force them – not even the District can’t force them – not even with Due Processwith Due Process


However, the District CAN force you However, the District CAN force you to have your child assessed if he or to have your child assessed if he or she is already in special education. she is already in special education.

The District must evaluate your child The District must evaluate your child every three years, and any time they every three years, and any time they have notice of a change in suspected have notice of a change in suspected disability. disability.

Due Process can be used to force Due Process can be used to force these assessments. these assessments.


In the IEP, it may feel like the District In the IEP, it may feel like the District controls the offer. controls the offer.

But remember that they can’t But remember that they can’t implement or change anything implement or change anything without your consent. without your consent.

If you don’t like what you see, simply If you don’t like what you see, simply say No. say No.


The IEP is not an “all or nothing” The IEP is not an “all or nothing” agreement. agreement.

You can agree to any part you like, You can agree to any part you like, and disagree to any part you don’t and disagree to any part you don’t like. like.

The IEP is also not the end. Think of it The IEP is also not the end. Think of it as the District’s first offer in a as the District’s first offer in a negotiation. negotiation.

NONDISCRIMINATORY NONDISCRIMINATORY ASSESSMENTSASSESSMENTS

Assessments must not be “culturally Assessments must not be “culturally discriminatory” or biased. discriminatory” or biased.

In general, most standardized tests are In general, most standardized tests are appropriate across cultures. appropriate across cultures. The exception is that, due to a court case, The exception is that, due to a court case,

African American children may not receive African American children may not receive IQ tests for special education eligibility. IQ tests for special education eligibility.

IQ tests have been held to be inherently IQ tests have been held to be inherently biased. biased.

INDEPDENDENT EDUCATIONAL INDEPDENDENT EDUCATIONAL EVALUATIONS (IEEs)EVALUATIONS (IEEs)

Another potent weapon.Another potent weapon. If you don’t feel like the District’s If you don’t feel like the District’s

reports are accurate, you can request reports are accurate, you can request that they pay for independent testing that they pay for independent testing by private individuals. by private individuals.


Once your request is made, the Once your request is made, the District has only two options:District has only two options: Say Yes and pay for the assessment; orSay Yes and pay for the assessment; or File for due process to show that their File for due process to show that their

assessments are appropriate.assessments are appropriate. The District may not say “no.”The District may not say “no.” The District may not ignore your The District may not ignore your

request or delay their response. request or delay their response.


If they agree to fund it, you can If they agree to fund it, you can choose any individual you like, as long choose any individual you like, as long as they are qualified.as they are qualified. Some reasonable criteria, such as Some reasonable criteria, such as

minimum credentials and location of the minimum credentials and location of the evaluation can be set up by the District. evaluation can be set up by the District.

Some other items that would prevent you Some other items that would prevent you from flying someone out from the East from flying someone out from the East coast might also be appropriate. coast might also be appropriate.


What about cost limitation?What about cost limitation? Our position has always been that they Our position has always been that they

cannot set arbitrary limits on cost. cannot set arbitrary limits on cost. Doing so prevents you from choosing an Doing so prevents you from choosing an

appropriate assessor. appropriate assessor. The CDE (wrongly) states in their parent The CDE (wrongly) states in their parent

rights that cost limitations are rights that cost limitations are appropriate. appropriate.


What if the District files for due process?What if the District files for due process? In that case, you must demonstrate in a In that case, you must demonstrate in a

hearing that their assessments were hearing that their assessments were inappropriate. inappropriate.

If the District succeeds, you can still get If the District succeeds, you can still get independent assessments, but they won’t be at independent assessments, but they won’t be at District expense. District expense.

Given the cost associated with a hearing, most Given the cost associated with a hearing, most Districts prefer to pay for the testing. Districts prefer to pay for the testing.

In individual cases, a District may file. In individual cases, a District may file.

EDUCATIONAL RECORDSEDUCATIONAL RECORDS

You can inspect, review, obtain You can inspect, review, obtain copies, and even challenge some copies, and even challenge some records in your child’s file.records in your child’s file.

Your rights are protected by both the Your rights are protected by both the IDEA (34 C.F.R. § 300.613) and FERPA IDEA (34 C.F.R. § 300.613) and FERPA (20 U.S.C. § 1232g). (20 U.S.C. § 1232g).

EDUCATIONAL RECORDSEDUCATIONAL RECORDS

When you request a copy, the District When you request a copy, the District may charge actual copy costs – usually may charge actual copy costs – usually about ten cents per page. about ten cents per page. If that price would prevent you from getting If that price would prevent you from getting

the records, they must give them to you for the records, they must give them to you for free.free.

You can challenge disciplinary reports, You can challenge disciplinary reports, suspensions, and grades in some suspensions, and grades in some circumstances.circumstances.

““STAY PUT”STAY PUT”

There are two items commonly There are two items commonly referred to as “Stay put.”referred to as “Stay put.”

The first is when due process or a The first is when due process or a court case is actually pending. court case is actually pending.

There, the law states (20 U.S.C. § There, the law states (20 U.S.C. § 1415(j)) that the child continues to 1415(j)) that the child continues to receive the same services until the receive the same services until the court figures things out.court figures things out.

““STAY PUT”STAY PUT”

““Stay Put” can also apply without a due Stay Put” can also apply without a due process hearing. process hearing.

Since the District can’t make any Since the District can’t make any changes to the educational program changes to the educational program without your consent, if you don’t without your consent, if you don’t provide consent, there won’t be any provide consent, there won’t be any changes. changes.

So if you say “no,” the District has to So if you say “no,” the District has to implement a “stay put.” implement a “stay put.”

DUE PROCESS HEARINGSDUE PROCESS HEARINGS

If you have a disagreement, you have If you have a disagreement, you have the absolute right to a hearing.the absolute right to a hearing. Theoretically, that means a neutral Theoretically, that means a neutral

Hearing Officer and an unbiased Hearing Officer and an unbiased courtroom.courtroom.

In practice, OAH is anything but neutral. In practice, OAH is anything but neutral. In one case, the District admitted that it In one case, the District admitted that it

predetermined the IEP – the ALJ got the predetermined the IEP – the ALJ got the facts wrong and botched the case. facts wrong and botched the case.

DUE PROCESS HEARINGSDUE PROCESS HEARINGS

Technically, you can go the due Technically, you can go the due process for any violation of the IDEA.process for any violation of the IDEA.

From a practical standpoint, due From a practical standpoint, due process is best saved for substantive process is best saved for substantive disputes. disputes. OAH simply will not resolve procedural OAH simply will not resolve procedural

errors (like blowing the timelines) to errors (like blowing the timelines) to your satisfaction.your satisfaction.

MEDIATIONMEDIATION

You have the right to a mediator at no You have the right to a mediator at no cost.cost.

You DO NOT have the right to a You DO NOT have the right to a mediation. mediation. A mediation is a voluntary process where A mediation is a voluntary process where

both sides are pushed toward settlement. both sides are pushed toward settlement. But no one there can force it. So if either But no one there can force it. So if either side doesn’t want to settle, then there side doesn’t want to settle, then there won’t be a mediation. won’t be a mediation.

MEDIATIONMEDIATION

Your mediator will be an ALJ from Your mediator will be an ALJ from OAH. OAH.

They won’t be acting as a judge and They won’t be acting as a judge and so cannot make any decisions. so cannot make any decisions.

Because mediation is confidential, Because mediation is confidential, they will also not be allowed to be they will also not be allowed to be your Judge if the case goes to your Judge if the case goes to hearing. hearing.

COMPLIANCE COMPLAINTSCOMPLIANCE COMPLAINTS

In addition to due process, you can also In addition to due process, you can also file a Compliance Complaint.file a Compliance Complaint.

Instead of a Judge, an “investigator” Instead of a Judge, an “investigator” from the CDE looks at your claim, calls from the CDE looks at your claim, calls both sides, and makes a determination. both sides, and makes a determination. This is limited to very cut and dry issues:This is limited to very cut and dry issues:

The IEP says X and they gave me YThe IEP says X and they gave me Y The law says 30 days and they took 40The law says 30 days and they took 40


Compliance Complaints will not work Compliance Complaints will not work for substantive defects about what for substantive defects about what services are “appropriate” for the services are “appropriate” for the child. Save that for due process.child. Save that for due process.

Whereas you might not get much Whereas you might not get much from due process for the procedural from due process for the procedural errors, a Compliance Complaint can errors, a Compliance Complaint can provide some relief.provide some relief.


Advantage over due process:Advantage over due process: EasierEasier CheaperCheaper Can challenge procedureCan challenge procedure

DisadvantageDisadvantage Take at least 60 daysTake at least 60 days Investigator with little legal expertiseInvestigator with little legal expertise No issues of “appropriateness” No issues of “appropriateness”

DISCIPLINEDISCIPLINE

In general, a child with special needs can In general, a child with special needs can be disciplined the same as a typical be disciplined the same as a typical child. child.

However, if that causes them to miss However, if that causes them to miss more than ten school days, it will be a more than ten school days, it will be a “change in placement” and special rules “change in placement” and special rules are involved.are involved.

The IEP team must call a “manifestation The IEP team must call a “manifestation determination” meetingdetermination” meeting


In a manifestation determination, the In a manifestation determination, the IEP team looks at whether the IEP team looks at whether the behavior was related to the disability.behavior was related to the disability. If not, the child can be punished like any If not, the child can be punished like any

typical child.typical child. If so, then he goes back to his usual If so, then he goes back to his usual

placement and the Team must discuss placement and the Team must discuss additional supports or services that may additional supports or services that may be necessary.be necessary.


There are special rules for issues with There are special rules for issues with guns, drugs, or where severe bodily guns, drugs, or where severe bodily injury is inflicted.injury is inflicted.

In those cases, the child can be In those cases, the child can be removed for up to 45 days even if it removed for up to 45 days even if it was a manifestation of the disability. was a manifestation of the disability.

INFORMED OF PRIVATE INFORMED OF PRIVATE SCHOOL POLICESSCHOOL POLICES

Two kinds of Private School placements.Two kinds of Private School placements. The first is a child at a private school The first is a child at a private school

simply because the parents like it simply because the parents like it better, or want a religious education. better, or want a religious education.

In that case, the District is responsible In that case, the District is responsible for a proportional share which usually for a proportional share which usually works out to a few related services works out to a few related services each year. each year.

INFORMED OF PRIVATE INFORMED OF PRIVATE SCHOOL POLICESSCHOOL POLICES

The second kind is where the District The second kind is where the District offer is inappropriate, and for that reason offer is inappropriate, and for that reason the parent must place the child in a the parent must place the child in a private school.private school.

In that case, the District is responsible In that case, the District is responsible for the cost of the placement.for the cost of the placement. The District won’t pay initially. But The District won’t pay initially. But

reimbursement may be granted if you are reimbursement may be granted if you are successful in a due process hearing. successful in a due process hearing.

TOP TEN IEP STRATEGIESTOP TEN IEP STRATEGIESKnowing your rights is good, but how Knowing your rights is good, but how does that translate into a successful does that translate into a successful IEP?IEP?What is a successful IEP?What is a successful IEP?While every case is different, and While every case is different, and there are times to use honey, and there are times to use honey, and times to use vinegar, there are some times to use vinegar, there are some general tips that can only help the general tips that can only help the vast majority of IEPs.vast majority of IEPs.

#1: Know the Legal Standard#1: Know the Legal StandardObviously you can’t know it all, but Obviously you can’t know it all, but there are same basics.there are same basics.The District does not need to provide The District does not need to provide the “best” placement, or one that the “best” placement, or one that “maximizes potential.” Instead, they “maximizes potential.” Instead, they need only provide enough to ensure need only provide enough to ensure a “meaningful educational benefit.”a “meaningful educational benefit.”– If you go in asking for the “best” you’ll If you go in asking for the “best” you’ll

be disappointed.be disappointed.

#1: Know the Legal Standard#1: Know the Legal Standard

Everything you want is Everything you want is “appropriate.” Everything you don’t “appropriate.” Everything you don’t want is “inappropriate.”want is “inappropriate.”

If you say something is “best,” then If you say something is “best,” then the District can say no. After all, the District can say no. After all, they don’t have to provide the they don’t have to provide the “best.” “best.”

#2: Do Your Homework#2: Do Your HomeworkRequest assessment reports and Request assessment reports and data in advance in writing.data in advance in writing.– Most Districts like to give you the Most Districts like to give you the

reports at the IEP. This limits your ability reports at the IEP. This limits your ability to respond or ask questions.to respond or ask questions.

– Review them in advance. Have Review them in advance. Have questions and concerns ready to go at questions and concerns ready to go at the IEP. the IEP.

– Ask yourself, does this sound like my Ask yourself, does this sound like my child?child?

#2: Do Your Homework#2: Do Your Homework

Review prior IEPs, report cards, and Review prior IEPs, report cards, and goal progress.goal progress.– Know your child’s strengths and where Know your child’s strengths and where

your child needs extra help. your child needs extra help. Be concrete and give examples here.Be concrete and give examples here.

– Keep communication open with your Keep communication open with your child’s teacher. Often, they can provide child’s teacher. Often, they can provide insights outside of the IEP that are insights outside of the IEP that are useful in the meeting. useful in the meeting.

#2: Do Your Homework#2: Do Your HomeworkKnow what works best for your child.Know what works best for your child.– If certain methodologies work better than If certain methodologies work better than

others (i.e. Floor Time, Rapid Prompting, etc.), others (i.e. Floor Time, Rapid Prompting, etc.), be sure to be able to speak to them at the be sure to be able to speak to them at the meeting.meeting.

Find out about District qualifications. Find out about District qualifications. – Don’t be afraid to ask at the IEP. There is a Don’t be afraid to ask at the IEP. There is a

difference between an SLP and SLPA.difference between an SLP and SLPA.– If a private provider is necessary, come with If a private provider is necessary, come with

their information handy.their information handy.

#3: TAPE RECORD THE IEP!#3: TAPE RECORD THE IEP!Always, Always, Always, tape record the Always, Always, Always, tape record the meeting.meeting.

You are allowed to tape record as long as You are allowed to tape record as long as you give 24 hours written notice.you give 24 hours written notice.

Tape recording changes the demeanor of Tape recording changes the demeanor of the meeting. The District is less likely to the meeting. The District is less likely to rely on an invalid “policy” or to tell you rely on an invalid “policy” or to tell you certain programs are “unavailable.” certain programs are “unavailable.”

#3: TAPE RECORD THE IEP!#3: TAPE RECORD THE IEP!Recording is better than the IEP Recording is better than the IEP NotesNotes– It is impossible to reflect all of the It is impossible to reflect all of the

discussions in the notes.discussions in the notes.– The recording won’t be slanted like the The recording won’t be slanted like the

notes can be.notes can be.– The District can’t change their mind and The District can’t change their mind and

offer something else.offer something else.– It helps you to remember the IEP It helps you to remember the IEP

meeting.meeting.

#4: DON’T BE AFRAID TO ASK#4: DON’T BE AFRAID TO ASKSitting at a table against five or more Sitting at a table against five or more District people can be intimidating. But District people can be intimidating. But remember that you are your child’s remember that you are your child’s advocate.advocate.

Worst case scenario is they say, “No.” Worst case scenario is they say, “No.” – It may even open the door to an out-of-the-box It may even open the door to an out-of-the-box

type service or discussiontype service or discussion

Don’t be afraid to ask about educational Don’t be afraid to ask about educational minutia. minutia.

#5: Advocacy Starts with Present #5: Advocacy Starts with Present LevelsLevels

It may be tempting to breeze It may be tempting to breeze through the PLOPs, but be sure to through the PLOPs, but be sure to get your information in. get your information in. PLOPs drive goals which drive PLOPs drive goals which drive services.services.Get a PLOP for every area of need. Get a PLOP for every area of need. – If you see an expressive, as well as If you see an expressive, as well as

receptive delay, then make sure that receptive delay, then make sure that gets noted. gets noted.

#5: Advocacy Starts with Present #5: Advocacy Starts with Present LevelsLevels

Make sure baselines are accurate.Make sure baselines are accurate.– Avoid language like, “has difficulty Avoid language like, “has difficulty

with.” with.” – You want some level of measurability.You want some level of measurability.

Write down each area of need as it is Write down each area of need as it is discussed in the meeting.discussed in the meeting.– When it comes to goals, you’ll want to When it comes to goals, you’ll want to

check them off one by one to be sure check them off one by one to be sure there is at least one goal in each area. there is at least one goal in each area.

#6: Your Child’s Program is All #6: Your Child’s Program is All About GoalsAbout Goals

Make sure that goals reflect high Make sure that goals reflect high expectations for your child.expectations for your child.– Mastery is generally held to be at 80%Mastery is generally held to be at 80%– Goals should be at least that high, Goals should be at least that high,

possibly higher.possibly higher.

Remember that goals are “Annual.”Remember that goals are “Annual.”– Districts will sometimes push merely the Districts will sometimes push merely the

next developmental step, even if it next developmental step, even if it could be taught in less than a full year. could be taught in less than a full year.


Know the California Content Know the California Content Standards. Standards. – The standards state what must be The standards state what must be

taught at each grade.taught at each grade.– Make sure your child’s goals match up Make sure your child’s goals match up

as closely as possible with the content as closely as possible with the content standards. standards.

– The standards can be found at The standards can be found at http://www.cde.ca.gov/be/st/sshttp://www.cde.ca.gov/be/st/ss


Avoid “Language Rich” dismissalsAvoid “Language Rich” dismissals– Sometimes the District will tell you that Sometimes the District will tell you that

speech goals or services are not speech goals or services are not necessary because your child is in a necessary because your child is in a “language rich” environment. “language rich” environment.

– Every classroom is language rich. Your Every classroom is language rich. Your child needs related services because a child needs related services because a “language rich” classroom isn’t enough “language rich” classroom isn’t enough for them.for them.


““Incorporated into the Curriculum”Incorporated into the Curriculum”– This is not a reason to deny a goal. This is not a reason to deny a goal. – ““We teach OT all day long from the time they We teach OT all day long from the time they

take off their backpack.” Not appropriate. take off their backpack.” Not appropriate. – The exception is for some very academic goals The exception is for some very academic goals

that may be part of the general teaching. that may be part of the general teaching. – Even then, it is often a good idea to have a Even then, it is often a good idea to have a

goal so that it can be specifically measured. goal so that it can be specifically measured.


Goals Drive Services. Theoretically, Goals Drive Services. Theoretically, then, more goals = more services.then, more goals = more services.– However, your child’s needs are also in However, your child’s needs are also in

play. A child with apraxia may need play. A child with apraxia may need more services even with fewer goals.more services even with fewer goals.

Goals can help drive methodology. Goals can help drive methodology. Keep Services in mind.Keep Services in mind.– A goal for social skills at lunch might A goal for social skills at lunch might

require an aide during lunch time. require an aide during lunch time.

#7: Know the LRE#7: Know the LREThe best strategy here is just to The best strategy here is just to apply the law with the District.apply the law with the District.The law says there are four factors to The law says there are four factors to look at:look at:– Benefits of the less restrictive settingBenefits of the less restrictive setting– Benefits of the more restrictive settingBenefits of the more restrictive setting– Negative impact on less restrictive Negative impact on less restrictive

settingsetting– CostCost

#7: Know the LRE#7: Know the LRE

The most important factor is the The most important factor is the benefit of the less restrictive setting.benefit of the less restrictive setting.– Cost is almost never a determining Cost is almost never a determining

factor. factor.

Bring these up in the IEP. Talk about Bring these up in the IEP. Talk about the benefits your child will receive the benefits your child will receive and whether he can access a general and whether he can access a general education curriculum. education curriculum.

#8: Fight for Services#8: Fight for ServicesRemember, the District employees are not Remember, the District employees are not Experts in their fields. Experts in their fields. – While they may have more training than the While they may have more training than the

average parent, they are not a dispassionate average parent, they are not a dispassionate individual out for the child’s best interests. individual out for the child’s best interests.

– They tend to side with the District since the They tend to side with the District since the District signs their paycheck.District signs their paycheck.

– They also have a busy schedule and look more They also have a busy schedule and look more into how to fit your child in, than at his or her into how to fit your child in, than at his or her unique needs. unique needs.

#8: Fight for Services#8: Fight for ServicesChallenge District staff.Challenge District staff.– They aren’t experts.They aren’t experts.– ““I don’t see how my child is going to progress I don’t see how my child is going to progress

with only 20 minutes of speech given the with only 20 minutes of speech given the needs we spoke about.” needs we spoke about.”

– Remind the District about goals and PLOPs. Remind the District about goals and PLOPs. Remind the District about every time they Remind the District about every time they discussed “challenging” behaviors and ask how discussed “challenging” behaviors and ask how those behaviors are going to be met with so those behaviors are going to be met with so little service.little service.

#8: Fight for Services#8: Fight for ServicesBring your own Experts.Bring your own Experts.– Ultimately, the District probably knows more Ultimately, the District probably knows more

about what’s out there than you do. It may be about what’s out there than you do. It may be necessary to bridge this information divide.necessary to bridge this information divide.

– Experts speak the language. They can Experts speak the language. They can recommend methodologies. They can recommend methodologies. They can challenge the District in terms they challenge the District in terms they understand. understand.

– If you have an IEE, that person will often make If you have an IEE, that person will often make a good expert at the IEP.a good expert at the IEP.

#9: Sleep on the Offer#9: Sleep on the OfferDuring an IEP meeting, a lot of information During an IEP meeting, a lot of information is coming at you very fast. is coming at you very fast.

Take a night or two to slow down and Take a night or two to slow down and consider the offer. consider the offer.

The District may want you to sign right The District may want you to sign right away, but you don’t have to. away, but you don’t have to.

After reflecting, you may have additional After reflecting, you may have additional concerns or thoughts that need to be concerns or thoughts that need to be addressed.addressed.

#10: Discussion doesn’t end with #10: Discussion doesn’t end with the IEPthe IEP

It is rare that the District gives you It is rare that the District gives you everything you want at the IEP meeting.everything you want at the IEP meeting.

But, you can negotiate after the meeting But, you can negotiate after the meeting as well. Think of the IEP as the opening as well. Think of the IEP as the opening offer.offer.

If you have leverage (such as having a If you have leverage (such as having a good “stay put”) you may be able to good “stay put”) you may be able to bargain into something better than the bargain into something better than the initial IEP offer.initial IEP offer.

OTHER THINGS TO KNOWOTHER THINGS TO KNOW

The District’s “Pre-IEP Planning The District’s “Pre-IEP Planning Meeting”Meeting” Is it legal? Maybe….Is it legal? Maybe…. The District may meet to review reports, The District may meet to review reports,

discuss parent requests, and even discuss parent requests, and even potentially develop a draft IEP offer. potentially develop a draft IEP offer.

The District MAY NOT make any The District MAY NOT make any decisions at this meeting. decisions at this meeting.

The line can be a fuzzy one. The line can be a fuzzy one.


Can the District file for Due Process Can the District file for Due Process Against me?Against me? Yes.Yes. Any time you don’t consent to the full Any time you don’t consent to the full

IEP offer, the District is IEP offer, the District is supposedsupposed to file. to file. Cal. Educ. Code 56346(f)Cal. Educ. Code 56346(f)

Districts don’t always do it though, Districts don’t always do it though, because sometimes its cheaper to because sometimes its cheaper to continue services than file for hearing. continue services than file for hearing.


Read the IEP notes before you leave Read the IEP notes before you leave the meeting. the meeting. The notes can’t capture everything, The notes can’t capture everything,

that’s why you tape record. that’s why you tape record. But notes are easier to read and review But notes are easier to read and review

than audio tape. than audio tape. Make sure the notes aren’t totally off Make sure the notes aren’t totally off

base, and make sure you have your base, and make sure you have your most important concerns written down. most important concerns written down.

QUESTION AND ANSWERQUESTION AND ANSWER

parent rights a copy at every iep a copy at every iep not always written in easy to understand...

Documents

iep meeting

prior written notice

action slide

necessary iep team member

nonpublic options

certain contents

continuum of placements

educational placement