Special Education Eligibility: Think Twice Before Sharing Medical Records

What you think might help you could hurt you.

Sharing medical records about your child with the public school when a parent is pursuing eligibility for special education in IDEA needs to be thoroughly examined.  A parent wants to convince the school people that the child has medical issues.  However, since the public schools are an “educational system”, they don’t necessarily have to “recognize” incoming information from a different “system”.

Unknowing parents submit medical records to the public school that may work against the student.  The medical records may not contain wording that would make the student eligible in the “education system”.

Parents typically aren’t told accurate information  by the school what they must do to get the school to pursue eligibility for their child.  Many parents don’t know they can request in writing to have the school evaluate their child for “eligibility for special education under IDEA/504″, and, taking it a step further, ask the school to arrange for a medical professional to evaluate for diagnostic purposes to determine if any qualifying condition under IDEA exists.  Some schools may not understand this is how it can be done since they have been “working” parents for so many years…

I am not attorney and this is not advice of any kind.

homeschooling because the public school doesn’t

More parents are “homeschooling” children with special needs as a result of the public school not addressing the student’s unique needs.  How a parent uses the term “homeschool” may affect their child’s status with the “system”.

Here are some thoughts to consider when “homeschooling”:

• Check your state special education regulations to see if “home school” is considered “private school”.  Many states deem students who are home schooled to be private school students and, as  a result, the state and school districts have no requirements to consider them as a public school student.  Thus, the parent may have  no standing to pursue actions under IDEA against that school district/state. 
• If you pulled your child with disabilities out of public school, be sure to be familiar with the special education law (Individuals with Disabilities Education Act) where a parent is expected to provide a ten-day notice to the public school that the parent is pulling the kid out since the public school isn’t providing an appropriate education.
• If you pulled your child with disabilities out of public school because it wasn’t providing an appropriate education, and you intend to pursue an action to get the system to “work” for your child, consider how you refer to what the child is currently doing at home.   Some parents call it “enrichment activities” since they are not officially “homeschooling”.   And, some parents, since they do not intend to be homeschoolers refer to their child’s time at home as “enrichment activities” since they don’t want to be perceived as private schooling.
• Consider letting others know that the public school has failed the child by not addressing his/her unique needs.  Perhaps documenting your efforts to get the school to provide appropriate programming for your child should be brought to the attention of  state legislators, the state special education division, your state’s special education advisory panel members.

Parent’s may unknowingly jeopardize their status with the special educators at the public school if the wrong words are used.  Parents need to do research and consult advocates for support. 

I am not an attorney and do not give advice, legal or otherwise.  Copyright Special Education Parent’s Advocacy Link LLC, 2009.

IEP Advocate at IEP meetings

Parents will want to consider these tips when preparing for an IEP meeting for their child at the public school:

1. Never go alone; always take someone with you.  It’s important to have another set  of eyes and ears.  Its tough to be discussing your own child’s needs.  Someone else can help you pick up on what is going on.  You can also take those who know your child; babysitters, fellow classmates, relatives. 
2. Arrange weeks in advance for an advocate to go with you.  Schools often become defensive if you take an attorney; find an advocate who can support you at a grassroots level.  This way, the advocate can do the legwork and, if it ends up that you use an attorney later, the advocate will have prepped the scenario.
3. Have your requests ready.  Have a prepared list ready to give to the “IEP Team” that specifys your child’s needs, strengths and deficits.   If you want your child to learn keyboarding, mention  he can now type letters a,s,d on the keyboard.  If you want him to learn how to velcro close his shoes, mention he can now put on one shoe.  An IEP advocate can help you prepare this list.
4. Do some research.  Find out about the programs offered by the school; see if the “program” exists.  Look on the internet about the data the state dept of education has about your school district.  Ask the state dept of education for copies of “child complaints” filed related to your school district.  Talk to children who attend at that school and what they see happening.  Search on the internet for support groups in your school district;  it can be amazing to learn what other parents in your area know about the schools.  They may refer to you an advocate they used.
5. Take someone to the meeting who will take notes; someone who knows shorthand is a good choice.  Often a school district person is taking their own notes; ask for a copy of theirs at the end of the meeting.  If they refuse to give you a copy, hand them a handwritten request that is dated and signed.
6.  If testing/evaluation is to be discussed, be sure to know which kinds of tests were done by the school  in the past so that they can be done again; this way you can compare your child’s progress in a consistent manner.   If they come up with different “brands” of tests, it is problematic later  when trying to see  your child’s performance.  An IEP advocate can help you figure this out.
7. There is no duty on the part of the parent to let the school know they are going to bring an advocate to the IEP meeting.  Some schools put up a brick wall if they learn an advocate is coming.

IEP Advocates play a crucial role in helping parents prepare for an IEP meeting; don’t hesistate to consult with one well in advance of any upcoming school meeting.

Observing your child at the school

Observing your child at school can be quite an eye-opener. Recently a parent dropped in the elementary school unannounced and learned several things; one being her son was not allowed regular recess like the other kids. At another school a parent learned her son was being picked on during lunch. Another parent learned her son was sleeping during most of he class time in high school. Yet another parent networked with other parents in her district and learned they were being allowed to observe their children at school, yet she was not being prevented an observation of her child.

Many school districts have “board policy” which defines the parameters of observors in the schools.

 I have known many professionals who have observed children while at school and that information benefitted the IEP teams over the years. Parents can ask to review the district’s policy on classroom observations.

Kids with ADHD shuffled from building to building or suspended

Some students with ADD/ADHD have unnoticed learning disabilities that public schools have overlooked or not recognized. These students may be lumped into programs with other students who are “at risk”. The “at risk” programs often focus on the requirement of appropriate behavior, attendance and work completion. This is where our student with underlying learning disabilities goes through the motions to keep from getting in trouble yet gets passing grades since work is being “completed”. The work, however, may not be grade level work, or, may be work that the student has already learned in earlier grades.
If a student has unnoticed learning disabilities a parent can request that the student be evaluated by the public school for “eligibility for special education under IDEA and 504″. Other private educational consultants can provide private testing as well.

IEP Seminars for Parents in Missouri and Kansas about Special Education

Seminars for Parents on child advocacy will be held in metro Kansas City during the current school year on some Saturday mornings. Topics relate to public school education of students with special needs and their IEPs, 504 plans, student rights, mediation and child complaints.
Visit TheIEPCenter.com for information.

The IEP Center .com Opens in Metro KC during back to school

Parents of children with learning disabilities in the Kansas City area now have a place to go to get assistance when struggling with the public school system.

The IEP Center.com has advocates for parents to consult regarding children’s schooling concerns in Missouri and Kansas.  The team of advocates are parent’s with expertise in dealing with special education issues.

Parents can have their child’s “Individualized Eduation Plan” (IEP) reviewed by an advocate at the IEP Center. The IEP Center will be conducting monthly seminars on topics related to parents’ advocating for their children in the schools.

There will be supplemental materials and merchandise available for purchase at the seminars.

The IEP Center.com is located southeast of the metro.  Click the mapquest link below for  a map.   Kansas City metro phone 816-680-0070; outside the metro    Toll free 877-447-6246

http://www.mapquest.com/mq/3-mky7T2m7

Special Education Mediation in Missouri

Mediation is now offered, free of charge, by the state when a parent requests it and the parent and district both agree to mediate.

A list of “mediators” is provided for the district and parent to agree upon a selection. During this process a couple weeks passed since the district was slow…hmmm.
Then the selected mediator’s schedule caused another delay of a couple weeks.

The mediation lasted over three hours but much of that time was spent in our own “caucus” room deciding how to proceed.

The parent was well prepared and had diagrams/comparisons illustrating what the child needed and what the district was offering prior to mediation.

The mediator was skilled at framing the issues. The district seemed to have great respect for her and the process. The outcome in this instance was favorable for the student. The parents avoided due process.

I would consider assisting parents in this school district again with mediation.

Slipped Through the Cracks

It had been almost six years since a teen had been evaluated by the public school district.  During this time, the teen was passed though from grade to grade with passing marks; however the grades were not representative of progress toward the student’s goals…they were progress toward participation in class. 

This student was a victim of Congress allowing the removal of a required three-year evalution (that used to be in place).  Congress removed this requirement during the last reauthorization of the IDEA law partly to save school district’s money (yes, testing is expensive).  But at what cost?   Imagine the dismay when a parent learns that for almost six years nobody at the school is sure where the student is performing in relation to the goals on the IEP.  And, when the goals are not written to be measureable, how can progress really be made? 

This is an example of the importance of a parent to review the IEP goals of their child on a regular basis.  In Missouri, about half of this school year is over.  Is your child making progress?  How can you be sure?  Check to see how much increase in grade level they have made since August on academics…ask the OT for work samples…ask questions.  You don’t have to wait for the “annual” IEP meeting to learn these things.  Ask for a “parent-teacher” conference. 

Special Education in Missouri is about your child making progress…with your monitoring.

avoid special education due process in Kansas

Parents who are frustrated by IEP meetings where nothing is accomplished can pursue approaches other than “due process”.  “Due Process” is a lengthy process and is emotionally draining, and often puts a child’s education on hold while “lawyers” wrangle. 

If your child’s needs, which are listed in the IEP, are not being addressed by the public school, then a parent might want to consider filing a “child complaint” with Topeka.  A “child complaint” is where a parent presents allegations of how the school district is not following the IEP…and the state department of education follow-up by doing some fact-finding then making a decision of whether the district is “in compliance” or not.  

It is important to have accurate record-keeping so that if/when a parent files a “child complaint”, the documents exist to support an allegation.

I am not a lawyer and this is not legal advice***I am not an attorney and am not licensed to practice law in Missouri or any other state.  Nothing in these communications should be considered to be legal advice.     www.theiepcenter.com

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