IEP: Get What You Need With the LAW

1. IEP: Get What You Need With the LAW How To Be An Effective Advocate For Your Child Presented by: Beyond the Limits An Autism Resource Connection Spring, 2009

2.  Instructions For Getting All Of Your Child�s Necessary Records: Obtain your child�s entire history including: all school files ,testing done by other schools, doctors, specialists and anyone else who has worked with your child. Either mail, (return receipt), or hand deliver the letters of request. If hand delivering, be sure to have a copy of the letters for yourself. Have someone initial and date your copies showing they received the letters. Be sure to MAKE A COPY of all correspondence with the school from this point on. Use letter number 14 as a guide for this.

3. After You Receive ALL Of Your Child�s Files: Make several copies of your child�s files. Save one as a master, use one for making additional copies and at least one or two extras. Save the original for a binder we will teach you to prepare. Ask the school to perform complete and comprehensive testing in the following areas: Speech/Language Assessment, Behavioral Assessment, Sensory Assessment, Cogitative and Physical Assessment. Use letter number 4 as a guide for requesting the tests. Depending on your child�s needs, you may request additional or different types of testing.

4. If You Disagree With The School�s Independent, Comprehensive Test Results: Request, at the SCHOOL�S expense, independent, comprehensive tests. These will be done by a professional of your choice. Use letter number 8 as a guide for requesting these tests. Vanderbilt Triad Center for Autism does this type of testing. Other testing centers and individuals can be found at www.autismresourceconnection.com

5. Highly Certified Teacher And Assistant? Check the teacher and the assistants certifications to teach your child on the Tennessee Department of Education�s Website. Here you will see if they qualify under No Child Left Behind. (NCLB) You need only your teacher�s first and last name to perform the search.

6. Confirmation of Teacher Credentials: Write a letter to the school requesting the credentials of your child�s teachers and paraprofessionals. This will be a confirmation of what you have found online. www.wrightslaw.com/idea/tchr.hq.require.htm has information explaining highly qualified teachers and IDEA 2004. Use letters number 6 and 7 as a guide.

7. Prepare Your Binder: Tab 1: Write a narrative summary about your child and the problems that your child has currently. Include areas in which you feel the school has failed at providing a free and appropriate education. (FAPE) Tab 2: Place a copy of the entire school file including all IEP reports, Report Cards, Evaluations and any correspondence between you and the school. In the front, put a copy of the letters you used to request the school�s files. Tab 3: Place a copy of all independent assessments done for your child. Use tabs to separate the reports. Place a copy of the letter you wrote to request these assessments in the front. Tab 4: Place a copy of all of your pediatrician�s files, with your letter requesting them in the front. Tab 5: Add copies of the teachers certifications and letters from the school regarding this subject. Also include copies you have printed from the Tennessee Department of Education website. Place a copy of the letter you used to request this from the school Type up a Table of Contents, and put it in front of all tabs.

8. Prepare To Make Your Requests: Have a lawyer/advocate/legal representative review your school binder with you. You are 50% of the IEP team! Review all tests done for your child. Also review your child�s present level of performance. (PLP) Sit down and make a sample IEP to be used for your child in school. Get suggestions for this IEP from your advocate/legal representative. These suggestions will be based on the recommendations from independent testing results, current performance in the classroom, and problem areas you identified. www.wright�slaw.com?phprint.php has 10 pages of links to help you.

9. Schedule An IEP Meeting: Set a date for an IEP meeting. Be sure all members of your child�s IEP team can be present including, teacher, psychologist, speech teacher, occupational therapist, and all others in the school that work with or need to work with your child. Be sure you sign every page of the IEP with your name, date and choose either: Observer, Attendee or Present. Be sure the school knows your are only signing that you attended the meeting and that you will notify them at a later date of your approval . Do NOT check that you agree or disagree. Remember every page should have your name, attendee, observer or present and the date.

10. When You And The School Disagree: After receiving the proposed IEP: Take a few days to review it with your advocate/ legal representative. If the IEP is not what you requested and your child is still not receiving necessary services, ask the school to make adjustments to meet your child�s needs. If your child�s IEP is not adjusted to meet his/her needs and the IEP Team refuses to make the necessary changes, have your advocate/legal representative file a Due Process Complaint.

11. Related Documents: Included In Your Advocate Folder: Instructions on How to Become an Effective Advocate for Your Child. Letters number 1-62 to use for requests. Talking points. 10 Everyday Errors that Trigger a Due Process. List of TN resources to help you advocate for your child.