As a Special Education Director, one of my key responsibilities is ensuring that families are well-informed about their rights and the communication options available to them. Understanding these options is crucial for fostering a strong partnership between families and schools, which ultimately benefits the child's educational experience.
Communication Options for Families
Families and schools share a "built-in†partnership with the child as the focus. This partnership grows stronger when parents and school staff work together, even when disagreements arise. Here are some steps families can take when questions or concerns emerge:
- Talk Directly: When concerns arise, families are encouraged to first talk directly with the people involved as soon as possible.
- Schedule an Informal Meeting: Call to schedule an informal meeting to discuss the situation.
- Prepare for the Meeting: Make a list of concerns and some possible solutions before the meeting.
During the Meeting
Here are some tips on how to handle the meeting:
- Agree on the concerns that must be addressed.
- Listen actively to understand the other person's perspective.
- Communicate your concerns clearly.
- Ask questions or restate so you and others are clear in your understanding.
- Work together to suggest some possible options to resolve the concerns.
- Analyze all of the options to see if you can find areas of agreement.
- Discuss what should happen next.
If Concerns Are Not Fully Resolved
If concerns are not fully resolved in the meeting, you can:
- Request that the IEP team meet again and consider including additional team members.
- Call others for suggestions on possible future actions.
Problem-solving locally gives families and school districts more collaborative options for outcomes for children.
Next Steps: If Problems Persist
If these attempts at solving problems don't work, consider the following options:
- Facilitated IEP: A neutral, trained professional helps the IEP team with the IEP process. More information can be found here.
- Mediation: A mediator helps families and schools work toward resolution on special education conflicts/issues. More information can be found here.
- IDEA State Complaints: File a complaint with DPI if you believe a school district violated state or federal special education law. More information can be found here.
- Due Process Hearings: Request a due process hearing for special education disputes. More information can be found here.
Parental Consent
Your school district cannot conduct an initial evaluation of your child without first providing you with prior written notice and obtaining your consent. Here are some key points:
- Your consent for initial evaluation does not mean you have also given consent for the school district to start providing special education and related services to your child.
- If you refuse to provide consent, the school district may seek to conduct an initial evaluation using mediation or due process procedures.
Special Rules for Initial Evaluation of Wards of the State
If a child is a ward of the State, the school district does not need consent from the parent for an initial evaluation under certain conditions, such as:
- The school district cannot find the child's parent.
- The rights of the parents have been terminated.
- A judge has assigned the right to make educational decisions to an individual other than the parent.
Parental Consent for Services
Your school district must obtain your informed consent before providing special education and related services for the first time. If you refuse to give your consent, the school district:
- Is not in violation of the requirement to make a free appropriate public education (FAPE) available to your child.
- Is not required to have an individualized education program (IEP) meeting or develop an IEP for your child.
Revoking Consent for Services
You may revoke consent for your child to receive special education and related services at any time. If you revoke consent:
- The school district will provide you with a prior written notice explaining when it will stop providing special education and related services to your child.
- Once services end, the school district is not required to make FAPE available, hold IEP meetings, or offer discipline protections under IDEA.
For more information, please follow this link.
