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Back to School Tips

For parents of special needs children, "back to school" means the start of a new IEP year. Parents need to get themselves ready for another's year advocacy.  Here are some tips from a special education lawyer as to things to keep in mind:

"Back to school" Supplies for Parents:

(1)   New spiral "book."   Get a new spiral notebook for each new school year in which you can document the upcoming school year. Use this book throughout the school year to take notes (and date them) of incidents concerning your child, conversations with the school, meetings with doctors.  Start out by documenting how your child did over the summer and in what setting. Did the child progress? Regress? This is important if you plan to ask for an Extended School Year. Keep the book handy (by the kitchen, for example) so you can jot down notes from phone calls to and from the school, what your child tells you about what happened that day, etc.  

(2) New very large folder. Get a folder in which you can toss ALL school work and notes your child brings home for that year. This can be very important for you to evaluate and monitor the child's progress during that year, and from year to year. These documents can be important for you, and others, to see how your child is progressing from year to year.

(3) New loose-leaf book: Use this to file notices from school, including IEP and progress reports, and any therapist/doctor reports obtained that year. These include your emails and notes to teachers and the Child Study Team. Remember, that your requests to the Child Study Team MUST be in writing in order to initiate certain procedural protections.

Update the School Nurse.  Although it is not required to disclose medication to a public school, consider letting the nurse know about any medication changes since the summer. In some private schools, parents MUST notify the school nurse of a change in medications as part of school policy.

Inform the New Teaching Staff. Make the effort to initiate contact with the child's new teacher, aide and therapists to describe how to best handle your child and discuss how they prefer you to communicate with them about these issues.

Monitor. Watch the progress of your child on a regular, periodic basis and report early any issues or concerns to the teacher and/or your Case Manger. Make sure your child IS progressing. Don't assume it. Most annual IEP meetings are held at the end of the school year, so you have to stay on top of issues during the year. 

Check up by Private Specialists. To whatever extent you can afford it, have your child periodically examined/treated by your own team of therapists and specialists. If you are concerned about the upcoming school year, it may be helpful to get a "baseline" picture of your child at the start of the year. Having your own team of specialists for your child is very helpful and may be critical if a dispute arises. Judges generally give much greater weight to an expert who has treated your child over time than a specialist who is brought in to give a report for the purpose of litigation.

Catch up on new legal developments in special education.

The above should not be construed as or acted upon as legal advice.

© 2006 Law Office of Lisa K. Krizman, LLC.

SOME GUIDELINES FOR YOUR SPECIAL EDUCATION LEGAL MATTERS

Documentation:

At School:  Keep copies of everything you receive from school that illustrates the issues of concern. This includes, but is not limited to, report cards, nurse's reports, teacher's notes, and school assignments.  Keep a log of incidents that happen at school, with dates and names of individuals.

At Home:  Keep a log of incidents that happen at home that illustrate or reflect difficulties your child is having at school.

Outside Help:  Keep a log of any services you may have provided with your own money to help your child succeed at school. Keep a list of the names and addresses of outside parties who have evaluated and treated your child, such as medical doctors, tutors, learning consultants, social workers, occupational or physical therapists, psychologists, etc. 

Working with me, your Attorney:

Keep me informed of any developments regarding this case and any documents you receive concerning your child that relate to the child's disability. 

Consult with me before having any communication with the Child Study Team.

To protect the attorney client privilege covering our communications, do not disclose or discuss with others any of our verbal or written communications. Also, it is best not to discuss the case with your child.

Working with the School:

Continue to deal directly with the school concerning every day events, but do tell the Child Study Team to refer all requests for information or documents through your attorney's office. 

Be pleasant and reasonable with the Child Study Team members. To get the best results for your child, their recommendations have to be carefully considered. Their procedures must be followed.