to Make Special Education Work
By Judith Canty Graves and Carson Graves
October 14, 2014
There is a lot of misunderstanding about the role of parents at Team meetings. In our conversations with other parents and in too many online sources, there is frequently a misconception that IDEA gives parents an equal voice with school personnel in deciding what services or educational placement their child needs.
The phrase that is most often cited is “equal participant,” which many parents assume means that the school must accept their suggestions at Team meetings.
While IDEA does require that parents be “afforded the opportunity to participate” in all Team meetings [34 C.F.R. § 300.322 (a)], the right of participation is not the same as the right of decision making. The law, in fact, only requires schools to schedule meetings so that parents have the opportunity to attend and for schools to consider any information (such as independent evaluations) or concerns that the parents bring to the meeting.
“Consider,” however, does not mean “accept.”
IDEA is clear that the school has the ultimate responsibility to ensure that a student’s IEP includes the services and placement needed for a free appropriate public education (FAPE). Because the law makes the school responsible, the law must also give the final decision on what constitutes FAPE to the school.
If parents disagree with the school’s decision, the law provides a due process remedy, either through mediation or a hearing.
Unfortunately, pursuing due process rights can be expensive, time-consuming, and have an uncertain outcome. This means that short of going to mediation or a hearing, you must arrive at Team meetings prepared to be as persuasive as possible in advocating for the services and placement you feel are necessary for your child.
Some recommendations we have are:
- If the Team won’t agree to all your suggestions, try to come to a mutually agreeable compromise. Remember that your goal is to achieve the best possible result for your child’s education, not to “win” a contest with the school.
- Have a relative or trusted friend attend the meeting as a note taker so that all important agreements are recorded and the subject of a follow-up letter to your special education liaison. This will prevent later misunderstandings about what was agreed to. You can record a Team meeting, assuming your state allows this, but our experience is that this is not always the best option. (See Recording Team Meetings, Not That Simple)
- Become familiar with any federal or state laws that might impact the service or placement you want to have included in your child’s IEP. Sometimes school personnel and administrators aren’t familiar with the laws that regulate special education. A citation, gently delivered, can work wonders in breaking down uninformed resistance. If the resistance is intentional, making the Team aware of the law will work toward your advantage before a hearing officer, if it comes to that.
The bottom line is that thoughtful preparation is the best way to become “more equal” in helping your child obtain an appropriate education.