Wednesday, January 19, 2011
“Why Would We Do an Evaluation, She Already Gets Services?”
As a parents’ special education attorney in Connecticut, I hear outrageous statements that parents are told by their school districts on an almost daily basis. But, sometimes, I am told something that passes the realm of outrageous, and crosses into ridiculous.
Such statements mislead or misrepresent the school’s legal obligations, and always in a way that benefits the school district.
After hearing so many of them, I decided to add a separate category to my blog just for this purpose, where I will post these ridiculous comments and explain why it likely violates IDEA. Hopefully, if you’ve heard similar things from your district, next time around you will know better!
Today’s Ridiculous Comment
Recently I attended an IEP meeting on behalf of a client who has been diagnosed with an autism spectrum disorder. The district had asked its Occupational Therapist (“OT”) to do an evaluation. When the OT reported her findings, the parents were disappointed, because it was quite clear to them (and me) that the evaluation was neither thorough nor accurate. My response was to ask for an IEE.
Such statements mislead or misrepresent the school’s legal obligations, and always in a way that benefits the school district.
After hearing so many of them, I decided to add a separate category to my blog just for this purpose, where I will post these ridiculous comments and explain why it likely violates IDEA. Hopefully, if you’ve heard similar things from your district, next time around you will know better!
Today’s Ridiculous Comment
Recently I attended an IEP meeting on behalf of a client who has been diagnosed with an autism spectrum disorder. The district had asked its Occupational Therapist (“OT”) to do an evaluation. When the OT reported her findings, the parents were disappointed, because it was quite clear to them (and me) that the evaluation was neither thorough nor accurate. My response was to ask for an IEE.
Ask for the Email
Whenever parents retain my firm, I ask them to sign a form requesting all of their child’s education records be sent to me as their special education lawyer. It’s a standard “FERPA” request…the easiest way to explain FERPA is that it is sort of like the educational version of HIPAA. Bottom line is that I can not legally access a child’s special education records without the parents’ permission.
Over the years in my special education law practice in Connecticut, I have modified my FERPA request to account for situations I’ve encountered in litigation. So, a few years ago, I added the words “including ALL EMAILS” to my FERPA request.
Over the years in my special education law practice in Connecticut, I have modified my FERPA request to account for situations I’ve encountered in litigation. So, a few years ago, I added the words “including ALL EMAILS” to my FERPA request.
35 Years of IDEA: A Dream Deferred?
A few days ago marked 35 years since the federal special education statute, now known as IDEA, was signed into law. It is hard to believe that within my lifetime, and probably yours, it was legally permissible to exclude children with disabilities from our public schools entirely.
Think about that for a minute.
A little over a generation ago, students with disabilities had no legal entitlement to an education at all, let alone a Free and Appropriate Public Education (“FAPE”), as we have come to know special education designed to meet a child’s unique needs.
We have come a long way since then. And yet, we still have so far to go.
Think about that for a minute.
A little over a generation ago, students with disabilities had no legal entitlement to an education at all, let alone a Free and Appropriate Public Education (“FAPE”), as we have come to know special education designed to meet a child’s unique needs.
We have come a long way since then. And yet, we still have so far to go.
DON’T THROW AWAY ANYTHING!!!
Sometimes it’s difficult to know what to to be happy about as an attorney who represents children with disabilities.
As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific.
It’s an odd feeling, reviewing a child’s special education records. When I find procedural violations (sadly, this occurs more often than not), I get a little excited. Why? Because I know that these violations of IDEA have probably led to the very deprivation of appropriate special education programming which has brought the parents to my office. It gives me the ability to verify my client’s claims. More importantly, I know that clear violations of the IDEA will give me the leverage I need to convince the school district’s attorney that my client requires more, better, or different services.
As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific.
It’s an odd feeling, reviewing a child’s special education records. When I find procedural violations (sadly, this occurs more often than not), I get a little excited. Why? Because I know that these violations of IDEA have probably led to the very deprivation of appropriate special education programming which has brought the parents to my office. It gives me the ability to verify my client’s claims. More importantly, I know that clear violations of the IDEA will give me the leverage I need to convince the school district’s attorney that my client requires more, better, or different services.
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