Ask artificial intelligence (AI) about special education, and the online oracle has been trained to respond with such delightful phrases as, “navigating a maze” and “demystifying the jargon.” This is accurate: I have two master's degrees in education, and I still study special education policies, procedures and practices. It’s no wonder why families describe it as a nightmare.
Individualized Education Program (IEP) meetings can sometimes feel more like an elite special education club than a collaborative team. “They tell you that you are part of the IEP team, but really you’re not,” said Mary (not her real name), a grandmother of a first grader in North Thurston Public Schools. “We asked so many times for a one-to-one paraeducator for our severely autistic student, and the IEP team said he didn’t qualify.”
The good news is that you can wake up from the nightmare, to be sure. It is a process, a journey (as AI would respond), that takes time and effort. The first steps can be daunting, but you can do this and I’m here to help you.
Let's break it down into three main areas to understand:
If you are a special education geek like me, special education legal history makes for fascinating reading. Otherwise, it can be an excellent cure for treatment-resistant insomnia. Some laws you should know and how they can help you and your child are in the chart below:
Law / Court Case |
How it helps: |
|
The Provision of Special Education Services |
The Washington Administrative Code clarifies how the federal IDEA (Individuals with Disabilities Education Act) will be implemented in our state. |
|
Family Educational Rights and Privacy Act |
FERPA allows a guardian to inspect, review, amend and challenge educational records. |
|
Individuals with Disabilities Education Act |
An education law, this is the founding statute for special education. This is actually not as helpful as WAC 392-172A |
|
It provides protection for students who are experiencing homelessness. |
|
|
The civil rights law that created 504 Plans guarantees people with disabilities have access to public spaces. |
|
|
Americans with Disabilities Act |
A civil rights law that protects students with disabilities from discrimination. |
|
A US Supreme Court case that changed special education forever. I take great joy in quoting this decision at IEP meetings. |
But wait! There’s more! Each of the laws and court cases above have real-world implications for your child’s education. In addition to knowing the law or case, you also need to know how it impacts your child’s IEP or 504 Plan.
The “I” in IEP stands for individualized. IDEA lists 13 categories under which a child is eligible for special education, but that doesn’t mean 13 categories of “needs.” Rather, a child’s needs stem from their disability and unique circumstances. Parents, evaluations, medical and therapy providers determine the needs and recommendations for services and specially designed instruction.
Ever had your requests or concerns ignored by the school? You are not alone in this, and you should know that ignoring requests and concerns is an effective strategy used by schools everywhere. Why? Because effective parent advocacy begins with documentation. IDEA and the WAC require concerns and requests to be in writing. The saying “If it isn’t in writing, it didn’t happen,” is a common phrase amongst special education advocates.
“The best piece of advice I can give,” Mary advised, “is to email and connect it to your rights as a parent advocate. If they call or you talk in person, write a follow-up email. Save everything. If not for the emails, we would never have gotten a paraeducator. Save everything.”
Kerri Feeney, a disability advocate and champion of special education students, serves families across Washington state, including families in Thurston County schools. She urges families to create a paper trail. “Parents need to recognize the power of documentation and make sure they are creating documentation themselves.” For example, when there are issues, such as disciplinary matters, Ms. Feeney said schools may be more interested in phone calls rather than emails. She recommends “following up on a polite conversations with an equally polite email documenting what was discussed, agreed upon, and any further concerns.”
Documentation encompasses everything from emails to examples of your child’s homework. FERPA, IDEA, and the WAC place significant importance on the contents of your child’s educational record, and so should you. Knowing the foundations of special education and your child’s needs can result in you being in control of your child’s cumulative file… and their IEP.
Remember: It’s a learning process, and each advocacy strategy is connected to your child, their needs, and the foundations of special education.
It’s a lot of learning, I know. Each week, we’ll explore a topic within the foundations of special education and your child’s needs. In each article, I’ll include advocacy strategies that can help you.
This week, I invite you to begin documenting. And then, before you hit “send” on that email, run it through AI (without any personally identifiable information - we don’t want to give your child’s private business to the All-Knowing Algorithm), and ask AI to rewrite the email so that it is more polite. One prompt I like to use:
I am a parent of a child with an IEP. I have drafted an email to document [what the issue is, in general terms]. I spoke with [Title, NOT NAME] and we agreed [list agreements]. We disagreed on [list disagreements]. My concerns at this point are [list concerns]. Please review the text of this email and rewrite it so that it is more polite. Here is the text of the email: [Copy-paste the text of the email]
What’s all this wakka wakka wakka about The WAC?
Shannon Sankstone is an Olympia-based special education advocate and the owner of Advocacy Unlocked. She may be reached at ShannonSankstone@theJOLTnews.com.
Comments
No comments on this item Please log in to comment by clicking here