Who is on the IEP Team?

Perhaps one of the most confusing parts of special education law for parents (and some schools) is who is on the IEP team.  There are both “mandatory” members of the IEP team as well as “permissive” members.  IDEA makes this very clear.

Mandatory Members of the IEP Team

There are five (5) mandatory members of the IEP team set forth in IDEA.  They are (in order as the statute lists them):

  1. The parent(s);
  2. At least one regular education teacher who interacts with the child in a general education setting;
  3. At least one special education teacher or provider who interacts with the child;
  4. A representative of the school district (“local educational agency”) who meets certain requirements (see below); and
  5. “an individual who can interpret the instructional implications of evaluation results” (who may be also #2-4).

20 U.S.C. §1414(d)(1)(B); 34 C.F.R. §300.321(a).

Before moving on to the permissive members, let me clarify some things about the mandatory members.  The word “and” is underlined above, because that means ALL five are required.  If Congress meant that only 3 or 4 of those persons were necessary, they would have used the term “or”.  Remember Conjunction Junction from School Kids Rock?

The Parent(s)

At least one parent must be present at an IEP meeting. If there are two parents, both are not required to be there – one can act for both.  But, notice the parent(s) are listed first.

One of the key Procedural Safeguards is “an opportunity for the parents of a child with a disability . . . to participate in meetings with respect to the identification, evaluation, and educational placement of the child.” 20 U.S.C. §1415(b)(1); 34 C.F.R. §300.501(b)(1) . The parents of a child with a disability are mandatory members of the IEP Team. 20 U.S.C. §1414(d)(1)(B)(i); 34 C.F.R. §300.321(a)(1) (emphasis added.)

Indeed, “the concerns of the parents for enhancing the education of their child” is critical in developing the child’s IEP. 20 U.S.C. §1414(d)(3)(A)(ii); 34 C.F.R. §300.324(a)(1)(ii); see also Honig v. Doe, 484 U.S. 305 (1988); Schaffer v. Weast, 546 U.S. 49, 53, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005) (Parents play “a significant role” in the development of each child’s IEP.)

Parental participation in an IEP meeting is so vital, it is set forth twice in the IDEA regulations. 34 C.F.R. §§300.322(a), (c) and (d) ; 34 C.F.R. §300.501(b)(1).

The LEA Representative

The representative of the school district can’t be just anyone.  Often the school will send a case manager or principal or other administration staff member as the representative, but such person might not meet the requirements of IDEA.

The LEA representative must be:

  • qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
  • knowledgeable about the general education curriculum; and
  • knowledgeable about the availability of resources of the local educational agency (school district).

20 U.S.C. §1414(d)(1)(B)(iv); 34 C.F.R. §300.321(a)(4).

In other words, this person must have supervisory capabilities over special education curriculum and services, know the general education curriculum, and know the services available as well as placement options within the district.  If the person the school district sends to the IEP meeting is constantly having to check with someone else about whether the school district can provide such services, the wrong person is in the meeting.

The Evaluation Interpreter

While the fifth mandatory member is only stated as “an individual who can interpret the instructional implications of evaluation results”, IDEA is no more specific and doesn’t define who this is.

Typically, this person is the school psychologist because that person’s role is to translate evaluation reports into special education and services to be provided to meet the needs of the child.  Most parents don’t know how to interpret evaluation reports.  Heck, even some highly skilled teachers don’t know how either.

Make sure someone is in the meeting who can put testing results into actions and services for your child.

Permissive Members of the IEP Team

IDEA allows other persons to be on the IEP Team.  Specifically,

  • “at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate”
  • “whenever appropriate, the child with a disability.”

These are “permissive” members because they are not required to be there and are only there if the other IEP team members think it is appropriate or necessary.

The first of these options has been interpreted to include “education advocates” for parents; social workers or therapists contracted by the school district; or, anyone else who might have valuable input into the formation of an IEP.  There is no restriction on the number of these individuals so long as they have the requisite knowledge about the child or services and it doesn’t bog down development of the IEP.

The second option is at the discretion of the parent(s).  Whether you bring your child to an IEP meeting is up to you and most agree that the child should only attend if (a) he/she is emotionally capable of hearing about areas where the boy or girl is struggling; and (b) he/she has valuable input to offer, such as when or where he/she is having difficulties (e.g. “I struggle in math class because of the classroom noise.”)

Is it a properly assembled IEP meeting?

The most important lesson of this article is for both parents and school districts to understand when an IEP meeting is properly constituted.  As stated above, all of the mandatory members must be present [especially the parent(s)].  Without all of the mandatory members present, the proposed IEP may either be improperly designed (because not all of the necessary input was received) or not implemented (because the district does not have the necessary resources) or both.  If there are no permissive members, the meeting can still go forward.

Parents have the motivation to make sure that an IEP meeting is properly assembled so their child receives a FAPE.  School districts have the motivation to ensure that the IEP cannot be challenged on these grounds.  All of this is intended to benefit the child with a disability.

So, if the law is followed on the IEP team, it is a win-win-win.

 

 

 

Evaluations vs. IEP Meetings – A Very Important Distinction

A client recently told me they received a notice for an “evaluation meeting”.  Huh?  I asked, do you mean an IEP meeting?  The client wasn’t sure because the notice said just that – evaluation meeting.

THERE IS NO SUCH THING AS AN EVALUATION MEETING!

Since I figured school districts are trying to confuse parents by using the terms “evaluation” and “IEP meeting” interchangeably, let me clarify the difference between the two for everybody.

What the law says

IDEA is very specific about what an “evaluation” is and what an “IEP meeting” is.  And they are in separate sections of the statute.  Here is what that law says:

Evaluation, 20 U.S.C. §1414(a), (b), and (c)

Initial evaluation: “A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation . . . before the initial provision of special education and related services to a child with a disability under this subchapter.”  20 U.S.C. §1414(a)(1).

In other words, before a student can receive special education and related services for the first time, the school must conduct an initial evaluation of the child.  This is part of their “Child Find” responsibility if someone suspects that the child has a disability that impacts their education.

The next few subsections discuss the procedures used and the purpose of an initial evaluation (“to determine [eligibility]  within 60 days of receiving parental consent for the evaluation”) and parental consent.

Reevaluation: “A local educational agency shall ensure that a reevaluation of each child with a disability is conducted . . . if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child’s parents or teacher requests a reevaluation.” 20 U.S.C. §1414(a)(2).

Thus, re-evaluation of a child must occur if the school believes a change in services is necessary or if a parent or teacher requests it.  Here is a very important part:

Reevaluation MUST occur at least every three (3) years, but not more than once a year, unless the parents and school agree that reevaluation is not necessary.

20 U.S.C. §1414(a)(2)(B).

What does an evaluation involve? “In conducting the evaluation, the local educational agency shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent (to determine if there is a disability and what will be necessary in an IEP); shall not use any single measure or assessment as the sole criterion for determining (disability or the education program); and use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.”  20 U.S.C. §1414(b)(2).

What the heck does all that mean?

It means that the school must use valid testing methods and get input from the parents and others who know the child in performing the evaluation.  The school can’t simply rely on what the teachers say.

This is where the trouble starts, because schools think that they can conduct an “evaluation” or “reevaluation” by simply having a meeting.  They can’t.

Let’s continue.

IEP Meeting, 20 U.S.C. §1414(d)

IEP Meeting:  The IEP Team (parents, at least 1 gen ed teacher who knows the child, at least 1 special ed teacher who knows the child, a representative of the school district who knows the resources available, a person who can interpret evaluation results, and possibly others) must assemble to develop an IEP for the child.  20 U.S.C. §1414(d)(1)(B) and (C).  This is an IEP meeting.

The Team must meet to ensure that an IEP is in effect for each child with a disability in the school district by the beginning of the school year in the Fall.  20 U.S.C. §1414(d)(2)(A).    The IEP meeting must occur “periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved.”  20 U.S.C. §1414(d)(4)(A).

So, hopefully you’re still with me.  And you can see that the law is crystal clear that an evaluation is something different than an IEP meeting.

So why are schools getting this mixed up (maybe on purpose)?

One sentence in IDEA may be the culprit:

“To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.”  20 U.S.C. §1414(d)(3)(E).

The statute doesn’t explain what a “reevaluation meeting” is, but I think it refers back to the section quoted in Reevaluation above, namely a meeting to determine if a reevaluation is needed.  It is not a meeting where an evaluation takes place, but rather to decide if one is necessary.

Nevertheless, ASK the school what they mean by an “evaluation meeting”.  Ask them if they mean a meeting to decide whether reevaluation is necessary or if they mean an IEP meeting or a combined meeting.  And, as always, DO IT IN WRITING!

If you want further information on this, get our book SchoolKidsLawyer’s Step-By-Step Guide to Special Education Law or contact us for a consultation.

 

 

Bullying and the Gebser Letter

You probably know what bullying is. You may not know what a Gebser Letter is or what it does. Sit down, grab your cup of coffee and read on.

The Effects of Bullying

First things first. It is now widely accepted as fact that children with disabilities are more likely to be bullied than their neurotypical and able-bodied peers.  About 20% more likely, to be precise.  A study was performed by Chad Rose of the University of Missouri College of Education and Nicholas Gage of the University of Florida examining 6,500 students from K-12 during the years 2011-13.  Although the study did not include online bullying (which has now become more pervasive through social media), it found that students with disabilities were bullied more than other kids particularly in grades 3 through high school graduation.

More about the study can be found in this excellent article “Disabled children more likely to be bullied during school years, study says” by HealthDay News.  There is even more helpful information on the statistics on bullying and harassment of students with disabilities at the National Bullying Prevention Center’s website.

It is also now widely accepted that bullying negatively affects a student’s ability to learn.  It directly impacts that student’s education.  The U.S. Department of Education’s official blog published an article called “Keeping Students With Disabilities Safe from Bullying” that highlighted a 2013 Guidance Letter on bullying.  A year later, the USDOE’s Office of Civil Rights issued an even stronger Guidance on how schools should handle bullying.

What is a Gebser Letter?

In 1998, the U.S. Supreme Court issued its opinion in a case titled Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), in which Justice Sandra Day O’Connor wrote the opinion for a divided court.  The Court decided that under Title IX, you cannot sue a school district for damages for bullying or harassment unless you have notified a school official who has the ability to take corrective measures on the district’s behalf of the misconduct and the school district is “deliberately indifferent” to the notice.

Out of that case came the very simple concept of preparing a letter – a so-called Gebser Letter – to provide the proper notice to the school.  The only question was whether the school then acts with deliberate indifference to the conduct.

This case emphasizes our constant mantra in special education law – If it ain’t in writing, it never happened. Document everything!

We strongly urge you to consult with a lawyer on the proper format and language of a Gebser Letter and/or if your child has a disability and is the victim of bullying.  We have provided a form Gebser Letter in our packet of special education legal forms, which are FREE to download, but remember that these forms do not constitute legal advice and are not a replacement for consultation with a lawyer in your state.  But the letter could get the ball rolling for your child and you.

Free Special Ed Legal Forms on SchoolKidsLawyer.com.

You can also have a 30 minute consultation with us for $100 to discuss your child’s case.

 

Public Schools Have Made Your Child the Enemy and You, the Taxpayer, Are Funding Their Battle

You pay federal taxes.  You have schools in your town.  Those schools have special education programs.  If you’re reading this blog, you’re probably a parent of a child with special needs.

Well, guess what?  If you have a dispute with your school about your child’s IEP or otherwise not meeting your child’s special education needs, YOU are paying for the school to fight against you and your child.

Guess what else? Even if you don’t have a child with special needs or don’t even have a child in the school district, YOU are still paying to have the school fight against the child with a disability and his/her family.

Yes, you heard that right.  YOU are paying to fight against children with disabilities in your community – maybe your own child.

Let me explain this in greater detail and why the system should change.

Federal Funding For Schools

The federal law known as the Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et seq. or “IDEA” protects students with disabilities and guarantees they receive an appopriate education from their local schools.  This is accomplished and enforced through a federal funding mechanism within IDEA.  If a state receives federal funding for its schools, it must provide special education and related services to children with disabilities in its public schools.  20 U.S.C. § 1412.

In other words, some of the federal taxes you pay goes to fund special education and related services for students with disabilities.  You probably don’t object to ensuring a wheelchair-bound child can access the school via ramps or a child with diabetes having access to the school nurse to administer insulin shots.  You also likely don’t object to a chid with a learning disability receiving extra help in the classroom so they can achieve with their non-disabled peers.

YOU don’t object . . . but the schools are.

Where Does the Funding Go?

Those federal funds for special education – your tax dollars – are supposed to be used to assess if children have disabilities and evaluate their needs, prepare Individualized Education Programs or “IEPs” with special education adn related services to meet those needs, and decide the best location to provide those services for the child.  20 U.S.C. §1414.  Just as non-disabled children can get their education at their local public school for free, the goal of IDEA is to provide the same for children with disabilities, called a Free Appropriate Public Education or “FAPE”.  20 U.S.C. §1401(9).

Still sounds pretty reasonable, right?

How Does A School Make Sure It Provides a FAPE?

Schools are supposed to ensure a child with a disability provides a FAPE via two main mechanisms: (1) assembling an IEP team; and (2) ensuring that the rights of the child are protected and the parents are active participants in enforcement of those rights.  Tax dollars pay for schools to assemble an IEP team, which consists of the child’s parents (and the child if appropriate) and several key school personnel, to discuss how best to provide FAPE for the child with a disability.  20 U.S.C. §1414(d)(1).  States and schools must also put procedures in place to secure the legal rights of the child with a disability and his/her parents.  20 U.S.C. §1415.

This is where the system usually breaks down.  Because the parents and the school staff don’t alawys agree on how the IEP is developed or what services are provided to the child with a disability.  Thereby, a dispute arises.

How IDEA Addresses Special Education Disputes – The Problem

IDEA provides mechanisms to address these special education disputes between parents and schools.  If a school wants to do something with which the parents don’t agree or if the school doesn’t want to do something the parents have suggested, the school can issue a Prior Written Notice or “PWN”.  20 U.S.C. §1415(b)(3) and (c)(1).  Parents can review their child’s education records kept by the school as a check on whether the school is providing a FAPE.  20 U.S.C. §1415(b)(1).

There are other “Procedural Safeguards” in IDEA, but none that causes as many problem as a party’s right to file a complaint challenging the “identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child” a/k/a a “Due Process Complaint.”  20 U.S.C. §1415(b)(6) and (f).

Why is this a problem?  Well, anytime lawyers get involved, there’s a problem, right? [He says half-jokingly, half-seriously.]  Each party to a Due Process case has “the right to be accompanied and advised by counsel.”  20 U.S.C. §1415(h)(1).

Still not a bad thing until you realize who is paying the school district’s lawyer’s bill.  The answer is . . . you probably guessed it . . . YOU ARE!

Paying For The School District’s Lawyer

That’s correct.  Whether attorney’s fees are paid directly by the school district’s Board of Education or through insurance (which is purchased using school budget money), the source of the money paid to the lawyers fight against your child with a disability is tax dollars.  YOUR tax dollars.

Schools are misdirecting funds intended to provide education to children with disabilities by spending it on legal bills or insurance to fight special education cases.

So what does that mean?  It means YOU, the taxpayer, are paying for the attorney sitting across the table from you and representing the school district.  The harder the school district lawyer fights, the more YOU are paying him/her.  The school district never has the incentive to resolve the dispute because they’re not truly paying the bill.

Now, I don’t know if you have ever been in a lawsuit before, but if you have, you know what a financial burden it is to pay a lawyer.  You have the incentive to get it over as quickly as possible because, in all likelihood, you are not Bank of America (or Citibank or Goldman Sachs or some other big bank).  But if you didn’t have to pay for your lawyer, you’d fight to the ends of the Earth, right?  That’s how the school district views it.

Not What IDEA Was Designed To Do

IDEA was not set up to favor the school districts.  In fact, IDEA was designed by Congress to “level the playing field” so that parents had a stronger role in the education of their child with a disability.  Specifically, Congress stated: “The purposes of [IDEA] are 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; to ensure that the rights of children with disabilities and parents of such children are protected; and to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities” among other goals.  20 U.S.C. §1400(d)(1).

IDEA was meant to improve collaboration and cooperation between schools and parents to help children with disabilities receive better education.  Certainly, Congress did not intend for states and schools to use federal funds to wage bitter lawsuit wars against parents and their children with disabilities.

But that is what it has become.  Ask any of my colleagues at COPAA.

So What Can You Do About It? – TAKE ACTION!

If you are like me and fed up with this system of injustice and abuse of taxpayer money, you can take action.  What school districts and their attorneys don’t want you to know is that because the source of funds paying the lawyer fees is public tax money, they MUST disclose such payments to the public who are paying those taxes.

In other words, if you live in a school district that is waging a special education war against a child with a disability, you have the RIGHT to know how much the school is paying its lawyers.

How do you find this out?  You make a Freedom of Information Act or “FOIA” request (or your state’s version of FOIA; for example, in New Jersey it is called the Open Public Records Act or OPRA).

Each state has a website for FOIA requests (I’ve listed a few below as examples) and usually a form to fill out.  On the form ask to see “All fees and costs paid to lawyers by XYZ Schooll District for special education disputes or legal disputes under IDEA for the last 5 years” or something similar.  Prepare for a fight, but you have the lawful right to that information as long as you live in XYZ School District.

New Jersey OPRA Records Request Website and Form

Florida Public Records Act Website and Forms

Texas Open Records Requests Website and Forms

Pennsylvania Open Records Request Website and Forms

For those not listed here, Google “[Your state] FOIA request” and look for an official state website URL.

Go get ’em!

Websites for Parents of Twice Exceptional (2e) Kids

 

 

 

 

 

 

 

Transportation is a Mandatory “Related Service” for Special Ed Kids That Need It

Under IDEA, transportation is a “related service” that must be provided to kids with an IEP.1  Transportation must also be provided to infants and toddlers as part of Early Intervention Services.2

Transportation includes travel between home and school; between schools (if the child attends more than one campus); travel within and around school buildings (if that is a challenge); and specialized equipment like ramps, lifts, or adapted buses if required to transport the child with a disability.3

What kind of transportation will be provided to my child? This depends entirely on what your child’s needs are. If your child has Sensory Processing Disorder, he/she may not be able to ride the regular large bus to school. If your child is in a wheelchair or has other physical impairments, he/she might require a specially-adapted vehicle. Alternatively, you as the parent may be reimbursed by the district if you provide the transportation agreed to by the IEP team.

Transportation needs should be discussed during an IEP meeting or 504 planning meeting. If the school district needs to send the child with a disability outside the school for services or places the child in an ‘out of district’ program or private school, the school district must also provide transportation to those services or program.

Learn more about how school buses and transportation for your child with a disability fits into planning for your child’s education and IEP in our book SchoolKidsLawyer’s Step-By-Step Guide to Special Education Law.


1. 20 U.S.C. §1401(26)(A); 34 C.F.R. §300.34(a).
2. 20 U.S.C. §1432(4)(E)(xiv); 34 C.F.R. §300.34(a).
3. 34 C.F.R. §300.34(c)(16).

 

 

Special Education Law and Child Custody

According to the American Psychological Association, 40-50% of marriages in the United States end in divorce.  Of all children born to married parents this year, 50% will experience the divorce of their parents before they reach their 18th birthday. (Patrick F. Fagan and Robert Rector, “The Effects of Divorce on America,” Heritage Foundation Backgrounder, May 2000.)

So, the question arises: What happens to kids with special education needs who come from broken homes?

It is important to recognize that special education law is, for the most part, federal law and the same in all 50 states, but family law is state law and may differ from state to state.  Thus, the following are just a few issues facing divorced parents and the education of their children with disabilities.  You should check with your own state’s family law or hire a local attorney to get answers to your specific situation.

Which parent makes the special education decisions?

Education decisions fall under the category of “Legal Custody” of the children.  This is different from “Physical Custody and Visitation”.  Usually both divorced parents share legal custody of the children born during the marriage.  This means that unless a court Order or divorce agreement says otherwise, both parents of a child with a disability share the education decision-making ability and rights.

However, the divorced parents might not always agree on the education choices for the child.  For example, one parent might not feel the child has a disability or is eligible for special education; or one parent might not agree with the other parent on what the school is offering for services.  There are a number of provisions in the special education law which require parental consent.  Who has the ability or right to give such consent?

If there is (or might be) a dispute between the divorced parents, the parties should work out an agreement or have the Court decide to alter the general rule.

What happens when there is an agreement or Court Order?

A divorce agreement (sometimes called a Joint Parenting Agreement) or Court Order controls how education decisions are made for a child.  Again, if the agreement or Order simply says “joint legal custody” (which is typical) or is otherwise silent, both parents have equal rights to making education decisions and should cooperate for the best interests of the child.

As stated above, sometimes one divorced parent allows his/her emotions towards the other ex-spouse interfere with the decisions for the child.  In these situations, the agreement or Order should be very specific about who makes the special education decisions for the child or how a dispute can be resolved.  Even if there is “joint legal custody” on other issues (religion, morals, etc.), education decisions may be separated out and either one parent has the exclusive right to make these decisions or the power to override the other parent.

The Court always has the power to enforce such agreement or Order or to modify it so as to protect the child.

How does physical custody or visitation impact this situation?

Although “joint physical custody” is a possibility (usually meaning the child spends equal amounts of time in each divorced parent’s home), it is not as common as granting one parent physical custody and the other parent visitation rights.  This means one of the parents’ homes will be the ‘primary residence’ of the child and the other parent gets to see the child on a regular schedule.

This has a number of effects on the education of a child, particularly one with special needs.  First, ‘primary residence’ of the child will determine the public school responsible for the child’s special education (who manages the IEP or 504 plan).  If that school district is not particularly helpful to children with disabilities or has a track record of violating special education laws, it will impact both the Court’s and the parents’ positions on physical custody.  Careful thought should be given to where the parent having physical custody resides and the ‘home school district’ (not to be confused with homeschooling).  This is also a challenge if there is joint physical custody and the divorced parents live in two different school districts; it may be unclear to which school district the child is assigned.

Another issue that can arise is which parent has the right to attend IEP meetings.  IDEA says that parental participation is critical, but the law does not say if that means one or both parents.  What if the parent who doesn’t have legal custody wants to attend an IEP meeting just to make sure that everything is being done right for his/her child?  Can the school bar him/her from the meeting?  Also, is the non-custodial parent allowed to pick the child up from school?  What if one of the parents has a restraining order against the other parent, but the order doesn’t discuss whether the restrained parent can visit with the child?  Or attend school events?

The school may be caught in the middle.

If the joint parenting agreement or court Order spells out these issues, then the school should be provided with a copy of that document so there is no question.  However, if the document doesn’t explicitly say what happens in these situations, the school might demand that the parents sign a document that clarifies the issues.

What if the child is not doing his/her homework?

Suppose either the custodial parent is not making the child complete homework assignments or it is the parent who has overnight visitation not enforcing homework because such parent doesn’t want to reduce their limited time with the child.  What happens when the other parent learns that the child’s performance in school is deteriorating because of the homework issue?  What can that parent do?

Again, the school’s special education services will likely be blamed when it may not be its fault at all.  The school should not be caught in the middle on this issue either, but also the school should not be allowed to rely on this as an excuse for inadequate services.  In this situation, it may be necessary to bring in a family law mediator or the judge to figure out a solution to this problem.

Who has the right to file a dispute with the school district?

It is not clear that even if one parent has sole legal custody on education decisions that such parent is the only one who can file a dispute against the school district.  For example, if the custodial parent is not enforcing the special education rights of the child against the school, can the non-custodial parent file the lawsuit against the school?

In most states, non-custodial parents do not relinquish all of their legal rights over the child.  For example, a custodial parent usually cannot leave the state without notifying the other parent and obtaining court approval to do so.

Thus, the non-custodial parent may retain the right to file a lawsuit on behalf of the child for violation of the special education laws by the school district.  What is not clear is the role of the custodial parent in this situation.

These are unresolved issues at this point and I won’t propose to resolve them here.  The purpose of this is to give you some food for thought on concerns you might face when parents of a child with a disability divorce.

As always, for specific legal advice consult with a lawyer in your locality.  You may wish to consult with both a family law lawyer and a special education lawyer if one lawyer does not handle both areas.

 

 

The New Jersey Dyslexia Handbook

A group of smart minds in the New Jersey world of special education gathered and put together an excellent guide to assist schools, parents, and providers in helping children with dyslexia.  They recently issued “The New Jersey Dyslexia Handbook: A Guide to Early Literacy Development & Reading Struggles” (PDF) which is free to download from the NJ Department of Education website.

The table of contents shows that it covers everything from the definition of dyslexia to screening to various interventions and accommodations that can be made for the student.

If you have a student with dyslexia, you should download your free copy here:

http://www.state.nj.us/education/specialed/dyslexia/NJDyslexiaHandbook.pdf

 

 

What is your worst special education experience with a school district?

In the Comments describe your worst experience advocating for a child with a disability with your school district.  Did they fail to adequately find or evaluate a disability?  Did they design a poor IEP?  Did they fail to take your suggestions for the IEP?  Are you unhappy with the placement or classroom for your child?  Did the school district not provide the services they agreed to in the IEP? Is your child with a disability being bullied and the school district is not doing anything about it?  Something else?

Please stick to FACTS and not just namecalling.  Also, include your city, state, and name of the school district so that others can be aware.  If you don’t feel comfortable publishing that with your name, you can either post anonymously or only include your state.  We’d love to hear from you.

If you need a special ed lawyer to help you, visit the Council of Parent Attorneys and Advocates at www.copaa.org and start your search there.  If you are in NJ or PA, we at SchoolKidsLawyer.com can assist you.

 

Press Release: NEW BOOK ON SPECIAL EDUCATION LAW PUBLISHED

Amazin Blue Press LLC is pleased to announce publication of its new title:

SchoolKidsLawyer’s Step-By-Step Guide to Special Education Law: Workbook for Parents, Advocates and Lawyers

by Robert C. Thurston, Esq.

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This 266 page book is a user-friendly guide to assist families of children with disabilities, complete with forms, helpful tips, and links.

According to the 2010 U.S. Census, about 2.8 million school-aged children have a disability.  In 2014, the Centers for Disease Control (CDC) identified 1 in 68 children in the U.S. as being on the Autism Spectrum.  Yet, most of these children are not getting equal access to education and most of their families don’t even know they have legal rights available.

This book not only makes special education more accessible to students with disabilities, but also explains in non-legal terms how to enforce their legal rights within the public school systems.  The guide is applicable to all 50 U.S. states, D.C., Puerto Rico, and U.S. territories.

About the Author: Rob Thurston is a well-respected attorney that focuses his law practice on special education law.  He has published numerous articles and lectures widely on the subject.  He has two sons, the older of which has Autism and is a major inspiration for writing this book.

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For more information about the book, go to http://schoolkidslawyer.com/book or contact Robert C Thurston, Esq., via email at rthurston@schoolkidslawyer.com.