The Wrightslaw Way

10 Ways You Can Tell it is an IEP meeting in Texas………

(where sped is considered contact sport).

1.  At the annual IEP meeting, both the advocate and special ed director compliment each other on the camouflage color of their iPad.

2.  The LSSP’s tatoo that has the letters MDR is bigger than your COPAA tatoo.

3.  You finally corrected the name KOPAA on your website after another Texas advocate mentions an OSEP letter is responsible for taking the K out of quality in the IEP process.

4.  Football pads, hockey face masks, motorcycle helmets, and special ed advocate protective gear for IEP meetings are all now in the same aisle at Walmart. [Read more →]

Tags:   COPAA · The Lighter Side of Special Education · TOPAA1 Comment

Date: July 11, 2013
Event: Wrightslaw Special Education Law and Advocacy Training
Location: Portland, OR.
Speaker: Pete Wright, Esq.

Date: July 19, 2013
Event: Wrightslaw Special Education Law and Advocacy Training
Location: San Diego, CA
Speaker: Pete Wright, Esq.

Parents, attorneys and advocates will learn:

• Special education law, rights and responsibilities
• Tests & Measurements to measure progress & regression
• SMART IEPs
• Introduction to tactics & strategies for effective advocacy
• Requirements in No Child Left Behind

Check out all Wrightslaw conferences through 2014.

See you on the West Coast!

Tags:   Advocacy · Conference · IDEA 2004 · Special Education Law · special education training1 Comment

The school said, “I am not sure if you are aware, outside professionals are not considered a part of the IEP team. Your doctor really cannot participate.

Parents use professionals to bounce ideas off of, however, the school will set up services based on the IEP we write.”

Check the federal statute and federal regulation.  Then check your state regulations.

Federal regulations track the federal statute. State regulations generally track the federal regulations. You should check all three.

Federal Statute IDEA 2004

Turn to your Special Education law book.   On page 101, the middle of the page, look at (B), the definition of the IEP Team, which includes:

(vi) 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; and . . .

The legal citation to the above reference in IDEA 2004 is 20 USC Section 1414(d)(1)(b)(vi).

Federal Special Education Regulations 34 CFR 300

Now turn to the bottom of page 246, top of page 247.  Start at 34 CFR 300.321. [Read more →]

Tags:   IDEA 1414(d) · IEP Team Meetings · IEP Team Members · IEP teams · Parent Involvement · Parental Rights · Special Education Regulations2 Comments

My daughter has ADHD. She sometimes “acts out” but is not a behavior problem.  At the IEP meeting, the Assistant Principal demanded that we put her on meds. He gave us a deadline date. If we did not comply, he would call 911 for any “acting out.” Is this legal?

The Individuals with Disabilities Education Act expressly forbids school personnel from requiring a child to take meds. Period.

You need to read what IDEA 2004 says about medication.

Turn in your Special Ed Law book to page 84, Section (25) Prohibition on Mandatory Medication.

Your State Department of Education is responsible for ensuring that school districts do not require parents to obtain a prescription for medication as a condition for

• attending school,
• receiving an evaluation,
• or receiving special education services.

[Read more →]

Tags:   ADD · ADHD · Advocacy · Mandatory medication policy · Parental Rights4 Comments

Playing catch-up this summer? Use the time for summer learning and reading opportunities.

Add these free resources to your reading list.

From Wrightslaw:

A Parent’s Guide to Response to Intervention (RTI)

Response to Intervention: Guidelines for Parents and Practitioners

From Montgomery County Public Schools (MD):

A Guidebook for Twice Exceptional Students

FREE e-books from the National Center for Learning Disabilities (NCLD):

IEP Basics for Parents of Students with LD [Read more →]

Tags:   Advocacy Resources · Dyslexia · free downloads · LD · Parent resources · Reading · RTI · Teacher ResourcesNo Comments.

I am searching for guidelines for special ed advocates. Are there legal requirements for becoming an advocate?

There is no formal process and currently no national certification for advocates.

Try to attend a Wrightslaw program – great training and networking with other advocates who can give you advice.

You will find the schedule of Wrightslaw Special Education Law and Advocacy  training programs here. http://www.wrightslaw.com/speak/schedule.htm

A good source of training (without the networking) is our Special Education Law and Advocacy Training Program on CD-ROM. Info can be found here: http://www.wrightslaw.com/webex/law.adv.index.htm

For Advanced Advocates

William and Mary Law School Institute of Special Education Advocacy ISEA.

http://www.wrightslaw.com/speak/13.07.va.wm.htm

View the Slideshow from ISEA 2012.

LIVE Blogging from ISEA 2012. [Read more →]

Tags:   Advocacy · Advocacy Resources · advocacy training · Advocates · Institute of Special Education Advocacy · ISEA · Parent advocatesNo Comments.

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…Three Wrightslaw Books, two searchable PDF downloads, one DVD, one 6.5 hour Wrightslaw Training CD Rom and a Free Wright Tote for $129.95.

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For all Wrightslaw books and training CD-Roms click here.

Tags: No Comments.

I went to the school to ask if my son will be promoted to the 6th grade.  They say I must wait till the last day of school to know.  The school will not tell me any thing. They are very rude to me. What should I do?

How closely have you monitored your son’s progress this year?

• What does his report card say?
• Is he failing at school?
• Has the school discussed retaining him in 5th grade?
• Does he have an IEP? Are you an active member of the IEP team?

Teachers should monitor your son’s progress throughout the year. Ongoing discussions with staff, progress reports, tests and assessments should show if he is failing.  The school should let a parent know when their child is at risk of failing throughout the school year and provide interventions to prevent failure and provide support.

Do your research on the pros (if any) and cons of Retention, Delays, and Social Promotion. http://www.wrightslaw.com/info/retain.index.htm

What are your school’s promotion criteria?  Your school should provide parents the necessary requirements for your child to move on to the next grade level.  Some schools call these “promotion standards.” Do you have a copy of these requirements?  Have you requested the requirements from the school? If you are unaware of the requirements, it’s time to get a copy.

Schools should also have a written policy about when and how they provide notice to the parents about whether your child met the requirements.  Many schools don’t provide notice until the very end of the school year.

I can’t explain why the school is not responding to your requests for information – except to say “if it is not written down, it was never said (or asked).”  If you want answers to your questions you must put your requests in writing.

You need to learn how to advocate for your son to get what he needs at school.  [Read more →]

Tags:   parent power · Parent Rights · progress monitoring · promotion criteria · retention · Social Promotion · unwritten school policy2 Comments

My child has a learning disability. Her Individual Education Plan (IEP) puts her in general education with accommodation. She also receives one hour of pullout reading services each day. She excels in this placement.

The school wants to place her in a special education team-taught class because she has an IEP. I want her to continue in general education classes with accommodations. What are her legal rights?

What Does IDEA Say about LRE?

The Individuals with Disabilities Education Act (IDEA) gives a qualifying child with a disability the right to an Individualized Education Plan (IEP) that provides a free appropriate public education (FAPE) in the least restrictive environment (LRE). [Read more →]

Tags:   FAPE · IEPs · LRE · Special Education4 Comments

Be sure to register soon! Seats are filling up fast.

Happy Valley sounds like a great location for a Wrightslaw Special Education Law and Advocacy Training!

Pete Wright, Esq. and sponsors Kikaua, LLC welcome you to join them on July 11, 2013 for this special one-day event.

Registration includes morning refreshments, box lunch or salad, afternoon coffee break and three Wrightslaw books.

One-day special education law and advocacy programs focus on four areas:

• special education law, rights and responsibilities
• tests and measurements to measure progress & regression
• SMART IEPs
• introduction to tactics & strategies for effective advocacy

Register Online or download the registration form.

See you in Happy Valley!

Tags:   Advocacy · Conference · IEPs · Parent advocacy · Parental Rights · Special Education Law · special education trainingNo Comments.