Advocating for Your Child's Special Educational Needs

by Karen Hager, Parents' Source, January 20, 2003.

What if your child is struggling in school with academics or with social problems? If his/her grades are falling, and the school personnel is signaling concern? What if your child would benefit from accelerated or "gifted" support? The following article will provide you with some basic answers about what parents can do, when their child's needs extend beyond what is offered in the classroom.

The first thing parents should know when dealing with schools is that school personnel sometimes speak a different language. They may refer to a "Chapter 15" or "504 Plan". They might tell parents that a "MDT Meeting" will be convened soon. The term "IEP" may be mentioned. All of these letters and numbers may be confusing to parents.

The following are definitions of some terms that will help parents to understand the school system.

The district's evaluation is the starting point to gaining special services for your child. The district has 60 school days in which to complete the evaluation and issue the report to the parents. For pre-school children the timeline is shortened to 60 calendar days. This is the very first step in securing an IEP or Special Education services for your child. It is important to remember that every special education service is driven by the evaluation, which is performed by a district psychologist.

After the evaluation and the MDT, an IEP can be designed for your child.
The IEP team will include:

The IEP should include education levels, annual goals and short-term objectives. Further, specialized instruction to be provided, type, amount and frequency of related services, and type of placement, must also be included in the IEP. In addition, the IEP must describe any special programs or devices that are needed, such as behavior programs, assistive devices, vocational program, and extended school year.

IEP conferences must be held for each eligible child at least once per year. Parents may request additional conferences at any time they believe their child is not making progress in the program. The same conditions apply to pre-school youngsters, except that the IEP must be reviewed every 6 months and implemented within 14 calendar days.

It is critical to know whom to talk to when discussing your child's individual educational needs. If your child has an emotional problem that needs to be dealt with in an Emotional Support classroom, parents need to write to the school principal and request an evaluation by the school psychologist. Make sure your letter of request includes your permission to administer the tests and the date, and make a copy for your own file. If your child already has an IEP, inquiries should be directed to the Director of Special Education, who has the authority to make decisions regarding children with IEPs.

If you believe your child's evaluation or IEP is not adequate, you need to disagree with the district or Intermediate Unit, by refusing to sign the NOREP, or by requesting an Independent Evaluation at the district's expense. Parents may also request a pre-hearing conference, mediation, or due process hearing to settle disputes with the district. An advocate is able to help families with these processes.

It is always easier to attend a meeting when you are prepared. Take some time before the IEP conference to decide exactly what you think your child needs in his/her IEP. Make a list of the services and materials you feel would benefit the child. Present your desires to the team in an assertive but not aggressive way. Listen respectfully to what the school personnel has to offer, and question anything that you do not understand. Parents should insist that the IEP contain as much of their input as possible. The special education system is complicated; however, when parents and school officials stay focused on helping the child, they usually are successful in creating plans that are helpful to children with special needs.

KNOW YOUR RIGHTS ­ The Right To Special Education in Pennsylvania, published by the Education Law Center of PA, provides a comprehensive overview of the rights of parents and children. Copies of the manual may be ordered by calling the Education Law Center at
(215) 238-6970.

Karen Hager is an advocate at the Mental Health Association of Reading & Berks County.

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