NARRATIVE REGARDING LETTERS TO THE SCHOOL DISTRICT
I cannot overstate the importance of documenting in writing everything relating to decisions made about your child at school. The best way to help your child is to build an excellent paper trail. This will avoid those situations in which school personnel will say that they don’t remember talking to you, or they don’t think they discussed that with you, or you misunderstood them. Sound familiar? To avoid this, document everything! These letters and emails will build an excellent foundation for any legal actions or for filing formal state complaints, should you need to go that route.
Initial Evaluation:
The purpose of sending your request for a full educational evaluation in writing is that all-important rule – if it isn’t in writing, it didn’t happen. Although federal education law (IDEA) requires that the evaluation and eligibility meeting be held within 60 days of giving your written consent, (that’s 60 calendar days, not 60 school and/or business days), check your state education department’s website, as some states have shorter time frames. Send the letter certified mail, return receipt requested, or take the letter yourself to the school, have the secretary stamp it ‘received,’ and request a copy to take with you. If you do not receive a response within the requested time period, you are within your rights to file a formal state complaint.
Independent Educational Evaluation:
The purpose of this letter is to document that you disagree with the school’s evaluations and want to exercise your right to an IEE at public expense. Federal education law (IDEA) states that the school must either grant approval for the IEE, or file for due process to defend their evaluation, without unnecessary delay. Again, either send this by certified mail, or take it personally to the school, have it stamped ‘received’ and request a copy to take with you.
Prior Written Notice:
Prior Written Notice (PWN) is a very powerful parental safeguard that is provided in federal education law (IDEA) that states that the school must put in writing the reasons they have either ‘refused’ or ‘proposed’ anything related to FAPE (free, appropriate public education). If used correctly PWN can bring your school around to doing what is appropriate. Here are some instances in which you would want to request PWN; school refuses to discuss assistive technology (computers, typing lessons) for your child, school refuses to change the goals on your child’s IEP so that they are meaningful and measurable, school proposes to change your child’s placement without your approval.
IDEA requires that six areas must be addressed in their reply. Here is what must be covered in the school’s PWN. Taken from this website: http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C615%2C:
(1) Content of prior written notice.–The notice required by subsection (b)(3) shall include–
(A) a description of the action proposed or refused by the agency;
(B) an explanation of why the agency proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(C) a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
(D) sources for parents to contact to obtain assistance in understanding the provisions of this part;
(E) a description of other options considered by the IEP Team and the reason why those options were rejected; and
(F) a description of the factors that are relevant to the agency’s proposal or refusal.
Letter of Understanding:
A letter of understanding is written after every meeting with anyone at the school. This could be a teacher, guidance counselor, etc., but should be used, especially after an IEP meeting. This letter should very specifically state what you were told, by whom, what you told this person and any decisions made as a result of this meeting. I would recommend that this letter be delivered to the Special Education Director no later than one week following the meeting and sooner, if possible.
Documentation Letter or Email:
Use emails for documenting conversations that happened via phone calls, hallway conversations, parent/teacher conferences, etc.; just make sure you keep a copy. You never know when this documentation will be needed.
Parent Agenda:
The Parent Agenda is a great way to organize your plan for the next IEP meeting. You want to include those important topics that the school has either refused to discuss, says your child doesn’t need, or simply an issue that has surfaced recently – for instance, one teacher is not providing the accommodations that are on the IEP, your child is not receiving their stated time in resource room, etc Type up this agenda, either make copies or ask that copies be made before the meeting and then keep bringing the focus back around to your agenda (but that’s another entire discussion)!
Request for Functional Behavior Assessment:
Federal education law (IDEA) requires that any behavior that interferes with learning must be evaluated. A good Functional Behavior Assessment, done by a qualified professional, will describe what triggers your child’s behaviors. It could be a certain classroom, teacher, or situation. After the FBA is completed, then the team must meet and develop a Behavior Improvement Plan, based on and driven by, positive behavior reinforcements. Here is a great website that discusses FBA’s: http://cecp.air.org/fba/.
