tag:blogger.com,1999:blog-30887249469980659682024-03-07T20:36:52.782-08:00Special Education ParentsA Parent Guide to Special Education, the IEP Process and School Success.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-3088724946998065968.post-31269309106909529332012-07-08T13:07:00.000-07:002012-07-08T13:07:00.836-07:006 Parenting Tips on Special Education Law and Transportation<div style="text-align: justify;">Are you the parent of a child with autism or a physical disability that needs transportation? Do you wonder what the Individuals with Disabilities Education Act (IDEA) states is the schools responsibility, to provide transportation for your child? This article will discuss what IDEA requires as far as transportation for your child with a disability. Also discussed are parenting tips that you can use, to help your child receive this important service.<br />
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Under IDEA transportation is considered a related service. A related service is transportation, developmental, corrective, and other services. . .as may be required to assist a child with a disability to benefit from special education. . .<br />
What this means is that if your child requires transportation in order to benefit from their education, special education personnel are required to provide it.<br />
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Parenting Tips:<br />
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1. When advocating for your child, remember that; transportation not only means to and from school, but also in and around the school building, and any specialized equipment required by your child.</div><a name='more'></a><br />
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2. Section 504 of the Rehabilitation Act prevents discrimination on the basis of disability. The law reads: No qualified student shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any . . .transportation. . .or activity.<br />
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For Example: Your child with a physical disability is not allowed to go on a field trip, because the class cannot get the wheelchair bus. This would be a section 504 complaint, because your child is being discriminated against, on the basis of their disability. I have dealt with this situation, and the school district usually quickly fixes the transportation problem, if you tell them that you may file a Section 504 complaint. Section 504 is covered by the Office of Civil Rights in Washington, though each state has at least one office.<br />
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3. If your child requires an assistant in the classroom then you may be able to get a bus assistant, if your child's disability requires it. The goal of transportation as a related service is to provide safe access to education. So if your child needs a bus assistant in order to get safely to school, school personnel are required to provide it.<br />
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4. If your school district is not providing needed transportation for your child, you can be reimbursed, for providing the transportation yourself. Make sure that your child's IEP, states that they need transportation as a related service, and that you will be reimbursed.<br />
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A district may also be required to reimburse parents where:<br />
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A. Transportation is needed to provide FAPE and the district fails to meet its obligation.<br />
B. The district doesn't recognize the need for transportation.<br />
C. The district makes inadequate provisions for transportation.<br />
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5. If your child's extracurricular activity is related to their IEP goals and objectives, then transportation must be given. For Example: If your child has autism and needs to work on social skills, they can gain that from extra curricular activities. In that case transportation needs to be given by your school district.<br />
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6. School districts are not allowed to shorten your child's school day due to transportation. Unfortunately it happens all the time, and you may have to stand up to special education personnel for the good of your child.<br />
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IDEA gives children with disabilities equal educational opportunity, which means a full school day. I have often said that if parents of children without disabilities found out there child was to leave school early for transportation, they would be outraged. But parents of special needs children are supposed to accept it. Do not accept it, stand up for your child.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-56134178691996694872012-07-07T10:15:00.000-07:002012-07-07T10:15:59.708-07:00How To Overcome Special Education Personnel's Money Complaints<div style="text-align: justify;">Are you the parent of a child with autism that has been denied needed educational services, for your child? Have you been told by school district personnel, that your child cannot receive a certain service, because the price is too high? This article will discuss ways that you can overcome these tactics used by some school personnel, for the benefit of your child.<br />
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The purpose of special education taken out of The Individuals with Disabilities Education Act (IDEA) is "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living."<br />
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IDEA does not allow, school districts to use the "money" card, to get out of providing needed educational services to children with disabilities. The reality is, that many school districts try this tactic many times a day. And the sad thing is, that many parents believe them. Do not fall for this tactic! Stand up for your child, as you are the only advocate that they will ever have.</div><a name='more'></a><br />
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For Example:<br />
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**School administrator: "Mrs. Jones we would love to give Mary 90 minutes of speech therapy a week, but our district is small, and we cannot afford it."<br />
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**Bad reply from the parent: "Oh I totally understand, I didn't mean to ask for so much."<br />
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**School administrator: "Oh I am sure that you didn't. But you have to understand that we have a lot of children in our district, and we want to help them all. How about 30 minutes a week?"<br />
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**Parent: "30 minutes will be fine."<br />
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The problem with this conversation is, that the parent should have discussed evidence she had of her child's need. The parent also did not clarify, that the amount of time offered was for direct service. Many times special education personnel will write down consultative services, rather than direct services; without the parent being aware of it.<br />
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Same Example:<br />
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**School Administrator: "Mrs. Jones we would love to give Mary 90 minutes of speech therapy a week, but our district is small, and we cannot afford it."<br />
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**Good Example from the parent: "Mr. Parker, my daughter Mary needs 90 minutes of direct speech language therapy per week, to make progress in her education. As you will see from the Independent Educational Evaluation that I have here, the registered Speech/Language Pathologist recommends 90 minutes of direct service per week. I am not concerned with the school districts budget, but what I am concerned about is Mary's right to receive a free appropriate public education."<br />
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**School Administrator: "Why would you go and get an independent evaluation, don't you trust our speech /language pathologist to recommend the best for Mary."<br />
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**Parent: "The Speech/Language Pathologist that works for this district, is only recommending 30 minutes direct service per week, despite Mary's low test scores in areas of receptive and expressive language. Mary needs 90 minutes of Speech Language therapy per week, if you refuse to give it to her, I will consider filing for a due process hearing.<br />
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**School Administrator: "Oh, you don't have to get nasty."<br />
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**Parent: "I was not getting nasty. Due process is my right, if I disagree with your decision, which I do."<br />
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School administrator: "We will consult with out speech language pathologist, and consider giving Mary the 90 per week of direct speech therapy."<br />
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**Parent: "Thank You."<br />
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By standing up to tactics used by some special education personnel, you can ensure that your child receives a free appropriate public education.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-61164926649310115032012-07-04T18:53:00.000-07:002012-07-07T10:20:44.897-07:009 Steps to Parent Empowerment for Parents With Children in Special Education!<div style="text-align: justify;">Do you have a child with Autism that is receiving special education services? Would you like to learn how to be a better advocate for your child? This article will address 9 steps that you can take to empower yourself, to advocate for an appropriate education for your child!<br />
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Step 1: Begin by asking a lot of questions when you speak to your child's teacher. Sample of questions for your child's teacher could be: "What curriculum are you using to teach my child to read? What do these standardized test scores mean? What type of positive behavioral supports do you use in the classroom" If your child's teacher tells you something that you do not understand, ask her to explain it, and perhaps send you the explanation in writing.<br />
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Step 2: Ask lots of questions when attending an IEP (Individual Educational Plan) meeting for your child. Sample of questions at an IEP meeting could be: "What does that word mean? What services will my child be receiving, and how many minutes will they be receiving the service? What standardized testing will you be conducting on my child, to see if she is making educational progress?" Always ask for explanations, when special education personnel start talking in terms that you do not understand, or talk about services you do not understand.</div><a name='more'></a><br />
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Step 3: At IEP meetings give your input on how you think your child is doing in school, and on what related and special education services, you think your child needs! Parents know their child better than most school people do, so it may be easy for them to figure out what services the child needs, to benefit from their education. If you have trouble speaking up at meetings, put together a one page parent input statement, to bring to the meeting with you.<br />
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Step 4: To help yourself feel more comfortable speaking up at a meeting; "role play" with other parents, what may happen at the meeting. This is a good way to get yourself prepared, to make good arguments for services that your child needs.<br />
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Step 5: If you still have difficulty speaking up at meetings, bring another parent who has experience in the special education process.<br />
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Step 6: If your child's behavior interferes with their education or the education of others, insist on conducting a Functional Behavioral Assessment, and have a Positive Behavioral Plan developed. You may need to fight for a qualified person to do these, but it will help your child as well as other children.<br />
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Step 7: When you attend an IEP meeting, be sure and read the IEP before you leave. I realize meetings can be stressful, but it is critical that you take the time to read the IEP, and make sure that it is accurate.<br />
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Step 8: Ask for any changes to the IEP, if the document does not reflect discussions held, or agreements made. If things are not written clearly it can be difficult to enforce what is written in the IEP.<br />
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Step 9: You must realize that by standing up to school personnel you may anger some people! But what is more important, making someone upset or fighting for appropriate services for your child? In my opinion the child wins every time, because they need special education services in order to have a fulfilled adult life.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-81726914476666659472012-06-28T11:49:00.000-07:002012-07-07T10:23:13.911-07:00How to Use Special Education Caselaw to Get Your Parental Rights<div style="text-align: justify;">Do you have a child with autism who has just started receiving special education services? Has your child with dyslexia been receiving services for several years, but you feel that they are not making academic progress? Have your been frustrated over the fact that your school district is refusing to listen to your input on what you think your child needs, to benefit from their education? This article will be discussing two different court cases on parental rights, and how to use these ruling's to get parental rights that you are entitled to!<br />
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I hear from parents all the time that are frustrated because their school district is refusing to allow them to have meaningful participation, in determining what special education services and placement their child needs.<br />
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There have been many Court decisions about parental rights and you can probably find them through a search engine such as google.<br />
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In a couple of the cases the court held that in order to fulfill the goal of parental participation in the IEP process, the school district was required to conduct, not just an IEP meeting, but a meaningful IEP meeting,</div><a name='more'></a><br />
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They also found that parents have a significant role in ensuring that their child receives a free appropriate public education, concerns that parents have for enhancing their child's education must be considered by the team, and that IDEA grants parents independent enforceable rights.<br />
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These rights which are not limited to certain procedural and reimbursement related matters, encompass the entitlement to a free appropriate public education for the parent's child. In other words the rights that IDEA gives parents are found to encompass not only procedural but also substantive rights.<br />
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So how do you use these court rulings to help you get your parental rights:<br />
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1. If special education personnel in your district are not allowing you to give input on your child's education and services write them a letter and tell them that they are violating your rights under IDEA, to be part of the team that determines services for your child.<br />
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2. At your child's next IEP meeting write a parent input statement. The parent input statement should be one page, and typed if possible, and include what you think your child needs in their education. This parent input statement should be brought to your child's IEP meeting, shared with school personnel, and attached to your child's IEP. Remember, that in the Deal case the court found that the parent participation must be meaningful.<br />
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3. Check with other parents in your school district and see if they are experiencing the same problem you are, with trying to have input in your child's education.<br />
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4. If they still refuse, consider filing a state complaint for violation of IDEA. If other parents in your district are having the same problem, consider filing a systemic complaint. A systemic complaint means that the school district is violating many parent's rights, not just yours!<br />
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IDEA states that parents are members of any team that determines placement and services for their child. This would be the issue of your complaint to your State Department or Board of Education. Include a copy of your letter and your parent input statement as evidence that you are trying to have input, and your school district is refusing to allow you to!Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-9484912708876689472012-06-13T02:12:00.000-07:002012-07-07T10:24:42.606-07:00Can Parents Help In Special Education for Autism?<div style="text-align: justify;">If your child has been diagnosed with autism there are a few changes you are going to need to make in order to help your child through this. One change begins with unique education. This is a critical time for learning and a child needs both parents and teachers to work together in special education. Parents can prepare their autistic child at home before they begin special education classes in the fall.<br />
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Routines are Important<br />
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Someone who suffers from autism relies on routines and may have difficulties if the routine is changed in any way. When school starts, your child will need to readjust to the new routine of getting up and getting ready for school, eating breakfast, going to special education class, and then returning home. In order to make the transition easier, you may want to start this routine a few months earlier. If you don't work or take your child to a sitter during the day, go through the routine of driving to the school. There are many summer activities for children to get into around the area so check into these activities to see if your child shows some interest in them.</div><a name='more'></a><br />
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If not, at least get your child on a routine of going to bed and getting up at a particular time. You may want to go online and pull some lessons off of the computer and have your child learn by sitting at the kitchen table or a desk. As you go through your lessons tell him that this is what he will do when he goes to school. Special education lessons are listed online and can help prepare your child for learning this fall.<br />
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When the new school year starts, go to school and introduce your child and yourself and keep in touch with your child on a weekly basis. Working together in special education is vital. Your child is going to spend the day with the special education teacher and it is important that he feels comfortable with her. If not, he may have some set backs that you will need to work out before he can feel safe enough to stay and learn.<br />
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While your child is in special education classes you want to avoid attending school and disrupting the class. If your child sees you there he may think that it is okay to go home when he still has more time in school. Ask the teacher if your child can carry a picture of you with him or something that belongs to you in case he needs to feel secure at some point in the day.<br />
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Special education courses will vary depending on the school, the teacher, and the grade that your child is in. However, you can strengthen the learning process by reviewing what the teacher went over that day over a snack. Special education courses take time to help the child learn in their own unique and individual way. The more you work with him at home the more he will feel comfortable in learning.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-83736795425582833932012-05-26T21:24:00.000-07:002012-07-07T10:26:11.873-07:008 Tactics School Districts Use to Prevent Parents From Winning Special Education Disputes!<div style="text-align: justify;">Are you the parent of a child with autism or a learning disability receiving special education services? Are you new to the special education arena and would like to be educated on some tactics to look for? This article will be discussing 8 tactics used by some special education personnel, to prevent parents from being equal participants in their child's education.<br />
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Tactic 1: Intimidation, bullying and lying! Some special education personnel try very hard to be intimidating, so that parents will not fight for services for their children! Intimidation could be loud voices, threats, condescending to the parent, or making the parent feel inadequate or uncomfortable!<br />
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Tactic 2: All of the above; but with a smile on their face! It absolutely gets me when a special education person opens their mouth and states something not truthful, when they are smiling! I wonder if they think that the lie will not be realized by the parent, due to their facial expressions<br />
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Tactic 3: Quoting laws that do not exist, to make it seem like they have more power than they do! As an educational advocate and parent I have seen this many times myself. Example: Mrs. Jones the law allows us to not give services to children if we run out of money (not true)! Or Mrs. Jones the law says that we can suspend your child for as long as we want to due to their behavior (not true)!</div><a name='more'></a><br />
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Tactic 4: I have heard from many parents that their special education personnel have actually changed educational records so that they could win a dispute with the parent! What I have seen is records added to a child's file (that the parent did not know about) to document things that have happened. This is why it is critical that parents get copies of their child's entire educational record (especially during a dispute) and keep it for future reference. If you end up in due process with your school district check all records that they are using to make sure that they match the records that you have!<br />
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Tactic 5: Refusing to identify, and accept disabilities in a child that make them eligible for special education services. Many parents must get independent evaluations (at their own expense) to prove that their child actually has a disability, and is eligible for special education services!<br />
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Tactic 6: Misinterpreting test data to show that the child does not need special education services! I have heard many special education personnel state that they do not believe low test scores and that the child does not need services because of their low test scores. This is untrue; whenever a standardized test shows that the child is below their age and grade appropriate peers in an area, the child should receive special education services so that they can make progress in their education.<br />
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Tactic 7: Use delay or deny tactics. A lot of special education personnel try and delay the parents request for special education and related services. They may ignore parents request for testing for eligibility, or just use any tactic available to delay the request! When delay no longer works many personnel just say no; which is of course is denial! Stand up to these tactics by documenting all requests in writing!<br />
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Tactic 8 (this happens to be my favorite): Exaggerate or make up discipline problems so that they can change the child's label or placement! Some school districts want to put Emotionally Disordered or Behaviorally Disordered labels on children so that they can put them in alternative placements, and deny needed special education services.<br />
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Parents need to keep the focus on the child's academic and educational needs, and not give in to school districts focus on behavior only. If a child is struggling academically it may show in their behavior!Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-64619617657624313472012-05-16T04:12:00.000-07:002012-07-07T10:28:41.114-07:007 Issues For Parents to Know in Special Education Settlement Agreements<div style="text-align: justify;">Are you the parent of a child that has a learning disability that has filed for a due process hearing? Has your school offered a settlement, and you wonder what to do about it? Do you want to make sure that the settlement is enforceable in state or federal court? This article will discuss 7 issues that you need to keep in mind for a special education settlement agreement.<br />
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Under the Individuals with Disabilities Education Act there are 2 types of settlement agreements.<br />
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1. A written settlement prepared at a resolution session, after due process is filed.<br />
2. A written settlement prepared at a mediation meeting by a mediator.<br />
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Keep these things in mind when preparing and agreeing to a special education settlement agreement:<br />
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1. Read the settlement agreement from beginning to end. Consider showing the agreement to a special education attorney or an experienced advocate, to ensure that it is a fair agreement.<br />
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2. Only settlement agreements prepared at a resolution meeting (after due process is filed for by the parents), or a mediation are enforceable in state or federal court. So be careful!</div><a name='more'></a><br />
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3. The agreement should be in writing, be specific, be dated, and signed by both parties. Make sure that any promises of services have dates for starting and/or ending services! Also make sure that if a particular service is offered that it states who will provide the service. For example: Speech Therapy will be provided for 90 minutes per week by a Licensed Speech Language Pathologist. The Therapy will begin in 2 weeks; which is the week of March 15, 200_ and will end May 28, 200_.<br />
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4. If you already started a due process hearing and the school district offers a legally binding settlement agreement, consider doing a consent decree. A consent decree is done by a hearing officer. The agreement is actually read into the record, and is treated as a regular due process hearing officer decision. Check with your state board of education and see if they allow consent decrees and if they can be enforced by the state board of education.<br />
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5. Most settlement agreements have confidentiality agreements included as part of them. What this means is that the parents are agreeing to not tell anyone what the settlement agreement contains. You will have to decide if you are willing to agree with this or not.<br />
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6. Most school districts put in agreements that this agreement will settle any past disputes between parents and the school district. Make sure that the agreement does not say future disputes; as you do not want to give up any IDEA rights in the future.<br />
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7. If a settlement agreement contains an offer for a private placement at public expense, make sure that the agreement does not contain a waiver of stay put. If your child does well in the private school and you have waived stay put, you will have difficulty keeping your child in the private school for stay put. There are ways around this, but it will be difficult and time consuming.<br />
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I think any settlement that has waiver of rights, should be looked at with a microscope! You do not want to make it difficult in the future to ensure that your child receives a free appropriate public education!Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-51977619464930343512012-05-02T15:28:00.000-07:002012-07-07T10:31:14.516-07:005 Top Parental Special Education Advocacy Tips to Benefit Your Child!<div style="text-align: justify;">My top 5 advocacy tips:<br />
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1. Trust your instincts. If you think, your child has disabilities in certain areas trust yourself. No one knows your child like you do, and you are the best judge of what will help your child learn. It is my experience that special education personnel may try and tell you that your instincts are wrong, but only accept this, if there is concrete evidence to back it up. You are the only advocate that your child has, and they are depending on you to advocate for needed related and special education services.<br />
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2. Important educational issues need to be handled by letters not telephone calls or e mails, so that you can begin developing a paper trail for documentation, you may need in the future, to help you in a dispute with special education personnel. As far as sending e-mails to special education personnel, I do not like to use e-mail, as e-mails are kept in an electronic record, and not in the child's written educational record.<br />
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If you have a verbal conversation with school personnel and want to document the conversation, you can always write a short letter to the person that you had the conversations with. Try and keep the letter to one page, date it, and give a summary of the conversation. Also, keep a copy for yourself.</div><a name='more'></a><br />
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3. If special education personnel say something that does not sound right to you, ask them: "Please show me in writing where in Federal or State law it states you have the right to do what you want to do or not do what I asked you to do to benefit my child's education." In my opinion, this is one of the most important advocacy skills that parents need to learn, because of the amount of misinformation that is given to parents. If school personnel cannot show you in writing from Federal or State law where it states they have the right to do something or do not have to do something you asked them to do, you know that they are not being truthful.<br />
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Use the same procedure if school personnel state that they have to do something, or cannot do something because it is school policy-ask to see the policy in writing, and also ask for a transcript of the board meeting where the policy was passed.<br />
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4. If your school district evaluates your child for disabilities and states that your child does not have any disabilities (even though you believe they do), and is not eligible for special education services, you have the right to an Independent Educational Evaluation (IEE) at public expense (which means that the school district pays for it). You must disagree with the school's evaluation, (could be over the actual testing, the areas tested, the interpretation of the testing, the findings and conclusion of the testing, etc) to be able to receive and obtain an IEE at public expense.<br />
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5. Educate yourself on all laws related to special education and disabilities and requirements so that when your school district tries to say things that are not truthful, you have the information to stand up to them, for the benefit of your child. Learn about State Complaints, Mediation and Due Process to help you resolve any disputes that you have with special education personnel.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0tag:blogger.com,1999:blog-3088724946998065968.post-27109389947829070252012-04-25T23:45:00.000-07:002012-07-07T10:34:10.505-07:00Find Fulfillment With A Career In Special Education<div style="text-align: justify;">Unfortunately, children who have disabilities do exist, and they need teachers who have compassion, patience, and the knowledge to help them strive to reach their potential, no matter what it is! This is the field of special education, which has grown in its importance and demand, and makes a very fulfilling career choice.<br />
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You are such a person but you also have others depending upon you to put food on the table. No worries, this is not an impossible dream! You can enroll into an online degree program and do the work from home.<br />
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First of all, you will more than likely need a Master's degree to find employment, which is required by most states and is regulated by the National Teacher's Association. Upon your completion, there will be an exam for licensing, so don't forget to research the various institutions offering degrees to make sure of their accreditation. However, if you do not have an undergraduate degree in education, you can still enroll into the special education Master's degree.</div><a name='more'></a><br />
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This is an area of teaching that will allow you to think outside the box in order to find new ways to help your students reach their goals. Within your courses, you will have instruction in the psychology of education and the many legal issues facing the special education teacher in today's world. Also, you will have training in the many forms of handicaps that your students have to face up to and including mental disorders that cause learning problems. It is also important that you are able to identify any new obstacle that will need attention and care.<br />
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What has changed in the past several years is what a special needs teacher can do and what she or he is trained to do. Whether or not it is in thd juvenile justice system or in a long-term care facility for children, teachers will always be needed to help with all levels of education, along with providing training for daily living skills that most of us take for granted. You could also open up your own practice for counseling students and their parents to help them face the many hurdles of growing up with disabilities.<br />
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The teaching of these children involves evaluating and implementing a course of teaching through comprising an IEP which is an individualized education program. These link all individuals who will be part of the education of that student. It also lets everyone know how the student is progressing and if there needs to be a change in the program due to a setback or a goal being reached.<br />
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Along with how to teach a child with learning problems is what has occurred or the reason for one's situation. Autism, mental health diseases, birth defects, and/or any harm that has occurred to the brain is taught and various forms of teaching that have the best results for each will be a vital part of your education. Also, through modern technology, there are now many devices that can be of benefit in helping teach a special needs child.Tovrishttp://www.blogger.com/profile/06243958321354501825noreply@blogger.com0